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Full text of "North Carolina Register v.11 no. 11 (9/3/1996)"

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NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 11 • Pages 880 - 958 
September 3, 1996 



IN THIS ISSUE 

Executive Order 

Agriculture 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

Labor 

Nursing Home Administrators 

Real Estate Commission 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



RlCEIVSD 



SEP 5 1996 

KATHRTNE R. EVERETT 
LAW LIBRAKY 



^ 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



» 



$ 



NORTH CAROLINA ADMINISTRATIVE DECISIONS 

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includes the OAH recommended decisions and other final agency decisions, as 
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A one-year subscription to Barclays Official NCAD includes: 

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Topical Index organized by Case Name and Subject 
Table of Cases, Statutes, and Regulations cited 
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r 



i 



NORTH CAROLINA 



IN THIS ISSUE 




I. EXECUTIVE ORDER 

Executive Order 98 . . 



# 



Volume 1 1 * Issue 1 1 
Pages 880 - 958 



September 3, 1 996 



This issue contains documents officially 
filed through August 12, 1996. 



880 



II. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Marine Fisheries 881-882 

Wildlife Resources and Water Safety 882 

Justice 

SBI-Division of Criminal Information 881 

Labor 

OSHA 881 

Transportation 

Motor Vehicles, Division of 882 



III. PROPOSED RULES 
Agriculture 

Plant Conservation Board 883 - 888 

Environment, Health, and Natural Resources 

Coastal Resources Commission 907 - 934 

Marine Fisheries Commission 888 - 907 

Human Resources 

Facility Services 888 

Licensing Boards 

Real Estate Commission 935 - 937 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Marine Fisheries 938 - 940 

Licensing Boards 

Nursing Home Administrators 940 

V. RULES REVIEW COMMISSION 941-945 

VI. CONTESTED CASE DECISIONS 

Index to AU Decisions 946 - 954 

Text of Selected Decisions 
96 EHR 0072 955-957 

VII. CUMULATIVE INDEX 1-26 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 98 

AMENDING E.O. NO. 97 CONCERNING 

EMERGENCY RELIEF FOR DAMAGE 

CAUSED BY HURRICANE BERTHA 

WHEREAS, Executive Order No. 97 was issued by me to provide emergency relief for damage caused by Hurricane 
Bertha by waiving certain size and weight restrictions for certain vehicles; and 

WHEREAS, Executive Order No. 97 by its terms will expire on August 11, 1996; and 

WHEREAS, I have determined that relief and recovery from damage caused by Hurricane Bertha and the resulting 
need for the provisions of Executive Order No. 97 will continue beyond August 11, 1996. 

NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of this State, 
IT IS ORDERED that the provisions of Executive Order No. 97 remain in force until September 1, 1996. 

Done in the Capital City of Raleigh, North Carolina this 9th day of August, 1996. 



11:11 NORTH CAROLINA REGISTER September 3, 1996 880 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in tlie Register under the section heading of Rule-making Agendas. Statutory reference: 
as. 150B-21.2. 



TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 4 - DIVISION OF CRIMINAL 
INFORMATION 

SUBCHAPTER 4E - ORGANIZATIONAL RULES 
AND FUNCTIONS 

SECTION .0100 - GENERAL PROVISIONS 

A Jotice of Rule-making Proceedings is hereby given by 
1 \ the NC Department of Justice /State Bureau of Investiga- 
tion/Division of Criminal Information in accordance with 
G.S. 150B-21.2. Tlie agency shall subsequently publish in 
the Register the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

12 NCAC 4E .0103(a). Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 114-10: 114-10.1 

Statement of the Subject Matter: Tl^e DCl Advisory 
Policx Board has agreed to add one additional member to 
the Board making a total of 14 members, which member will 
be the Criminal Justice Information Services (CJIS) Working 
Group Local Representative from North Carolina. 

Reason for Proposed Action: The DCI Advisory Policy' 
Board believes tliaJ the addition of the CJIS Working Group 
Local Representative from North Carolina will enhance the 
effectiveness of the Board in dealing with matters that come 
before it. 

Comment Procedures: Interes-ted persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing wdl be open for receipt of written 
comments from September 3, 1996 to November 4, 1996. 
Such written comments must be delivered or mailed to the 
State Bureau of Invcsrigation/Division of Criminal Informa- 
tion. 407 North Blount Street, Raleigh, NC 27601. 



TITLE 13 - DEPARTMENT OF LABOR 

CHAPTER 7 - OFFICE OF OCCUPATIONAL 
SAFETY AND HEALTH 



SUBCHAPTER 7A - GENERAL RULES AND 
OPERATIONAL PROCEDURES 

A Totice of Rule-making Proceedings is hereby given by 
J. V the NC Department of Labor, Division of Occupational 
Safety and Health in accordance with G.S. 150B-21.2. Vie 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by this Rule-Making: 

13 NCAC 07 A .0900. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 95-131: 95-133; 95- 
138 

Statement of the Subject Matter: Adoption of civil penalty 
factor rules. 

Reason for Proposed Action: Uniform rules will be 
adopted that shall be applied by the Commissioner , the 
Occupational Safety and Health Review Board, and hearing 
examiners representing the Occupational Safety and Health 
Review Board when considering the civil penalty appropri- 
ateness factors stated in the North Carolina Occupational 
Safety and Health Act. N.C.G.S. 95-138(a) sets out the 
following factors to be considered: the numerical size of the 
employer, the gravity of the violation, the good faith of the 
employer, and the record of previous violations of the 
employer. 

Comment Procedures: To submit comments or obtain 
further information contact: Angela Waldorf, NC Department 
of Labor. OSHA, 319 Chapanoke Road, Suite 105, Raleigh, 
NC 27603, (919) 662-4585 or 1-800-LABOR NC. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 3 - MARFNE nSHERIES 

A Totice of Rule-making Proceedings is hereby given by 
J. V the EHNR - Marine Fisheries Commission in accor- 
dance with G.S. 150B-21.2. The agency shall subsequently 
publish in the Register the text of the rule(s) it proposes to 



881 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



RULE-MAKING PROCEEDINGS 



adopt as a result of this notice of rule-making proceedings 
and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 3. Other rules may be proposed in the course of 
the rule-making process. 



1188. 



Authority for the rule-making: 

143B-289.4 



as. 113-134; 113-182; 



Statement of the Subject Matter: Consider a closure of 
trawling for shrimp from 8:00 a.m. Saturday to 8:00 a.m. 
Monday to replace the current closure of one hour after 
sunset Friday to one hour before sunset Sunday. 

Reason for Proposed Action: Fishermen have requested 
the amendment for religious reasons. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, PO Box 769, 
Morehead City, NC 28557. Comments will be received 
through October 31, 1996. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND TRAPPING 

A lotice of Rule-making Proceedings is hereby given by 
ly the North Carolina Wildlife Commission in accordance 
with G.S. 1503-21. 2. The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

A Totice of Ride-making Proceedings is hereby given by 
1 1 the North Carolina Department of Transportation - 
Division of Motor Vehicles in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

19A NCAC 3J .0101, .0201, .0306, .0307, .0601 Other 
rules may be proposed in the course of the rule-making 
process. 

Authority for the rule-making: G.S. 20-320 - 328 

Statement of the Subject Matter: Rules establish parame- 
ters for commercial truck driver training schools. 

Reason for Proposed Action: Proposed amendments add 
authority for a refresher course for commercial truck driver 
training schools. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation , P. O. 
Box 25201, Raleigh, NC 27611. 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC lOB .0115. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 113-134; 113-291.1; 
S.L. 1981. c. 410; S.L. 1981 (Second Session 1982), c. 
1180 

Statement of the Subject Matter: Prohibition of shining 
lights in deer areas during certain hours. 

Reason for Proposed Action: To modify shining light 
prohibition in Hoke County to include period from sunset to 



Comment Procedures: The record will be open for receipt 
of written comments from September 3, 1996 through 
November 4, 1996. Such written comments must be deliv- 
ered or mailed to the North Carolina Wildlife Resources 
Commission , 512 N. Salisbury Street, Raleigh, NC 27604- 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



882 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). 
Statutory reference: G.S. 150B-21.2. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 



SUBCHAPTER 48F - PLANT CONSERVATION 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Plant Conservation 
Board intends to amend rules cited as 2 NCAC 48F .0301 - 
.0302, .0304 - .0306. Notice of Rule-making Proceedings 
was published in the Register on July 1 , 1996. Public 
hearings were held on these proposed rules on July 16, 17 
and 30, 1996, pursuant to a Notice of Rule -making Proceed- 
ings published at 11 NCR 7, 407, July 1, 1996. 

Proposed Effective Date: April 1, 1997 

Reason for Proposed Action: 

2 NCAC 48F .0301, .0302, .0304 - To change the status of 
several native plants already on the endangered , threatened 
or special concern lists for which more information has 
become available. To remove certain species and to add 
several species to the lists because of completion of recent 
studies, and because of the recent rediscovery of a species 
that was thought to have been extinct. 
2 NCAC 48F .0305 - To improve protection of owners of 
lands with native ginseng from collection without the 
owner's consent, or from theft of ginseng cultivated by the 
landowner. Existing rules require ginseng diggers to have 
written permission from the landowner. The proposed 
changes would require the collector to have the signed 
permission from the owner on their person while collecting, 
for inspection by wildlife officers. 

2 NCAC 48F .0306 - To improve protection of owners of 
lands with native Venus Flytraps from collection without the 
owner's consent, or from theft of flytraps cultivated by the 
landowner. Existing rules require flytrap diggers to have 
written permission from the landowner. The proposed 
changes would require the collector to have the signed 
permission from the owner on their person while collecting, 
for inspection by wildlife officers. 

Comment Procedures: Comments may be submitted in 
writing no later than October 3, 1996, to Cecil Frost, 
Secretary, North Carolina Plant Conservation Board, PO 
Box 27647, Raleigh, NC 27611. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 48 - PLANT INDUSTRY 



SECTION .0300 - ENDANGERED PLANT 

SPECIES LIST: THREATENED PLANT SPECIES 

LIST: LIST OF SPECIES OF SPECIAL 

CONCERN 

.0301 ENDANGERED PLANT SPECIES LIST 

The North Carolina Plant Conservation Board hereby 
establishes the following list of endangered plant species: 
(1) Adiantum capillus-veneris — L- 

Venus Hair Fern; 
{4) £2} Aeschynomene virginica -- (L.) B.S.P. 

Sensitive Jointvetch; 
(3) (3} Amorpha georgiana var. georgiana — Wilbur 
Georgia Indigo-bush; 

(3) (4) Arethusa bulbosa — L. 
Bog Rose; 

(4) [5} Asplenium heteroresiliens — W. H. W.H. 
Wagner 

Carolina Spleenwort; 

(5) £6) Asplenium monanthes — L. 
Single-sorus Spleenwort; 

(^ £7} Aster dopauporatus Fomald parviceps ;; 

(Burgess) Mackenzie & Bush 
S e rp e ntin e Ast e r; Glade Aster; 
(7) £8j Bryocrumia andersonii — (Bartr.) Anders. 

Gorge Moss; 
(*) £9) Bucldeya distichophylla -- (Nuttall) Torrey 

Piratebush; 
(9) (10) Calamagrostis cainii — Hitchcock 
Cain's Reed Grass; 
(1 1) Calopogon multiflorus ;; Lindl. 

Many-flowered Grass-Pink; 
(40) (12) Cardamine micranthera — Rollins 

Small -an thered Bittercress; 
(44) (13) Carex aenea — Femald 

Femald's Hay Sedge; 
(43) (14) Carex barrattii — Schweinitz and Torrey 
Barratt's Sedge; 

(15) Carex lutea ;; LeBlond 
Golden Sedge; 

(16) Carex oligosperma — Michx. 
Few -seeded Sedge; 

f+5) (17) Carex schweinitzii — Dewey ex Schweinitz 

Schweinitz's Sedge; 
f44) (18) Chrysoma pauciflosculosa — (Michx.) Greene 

Woody Goldenrod; 
f45) £19} Conioselinum chinense - (L.) B.S.P. 

Hemlock Parsley; 
ft6) (20) Cystopteris tennesseensis — Shaver 



( 



883 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 





Tennessee Bladderfern; 




Fraser's Loosestrife; 


(^ 


(21) Dalibarda repens -- L. 


(39) 


(47) Minuartia godfrevi — (Shinners) McNeill 




Robin Runaway; 




Godfrey's Sandwort; 


(4«) 


(22) Delphinium exaltatum — Alton 


(40) 


(48) Minuartia uniflora - (Walter) Mattfield 




Tall Larkspur; 




Single-flowered Sandwort; 


(W) 


(23) Echinacea laevigata - (Boynton and Beadle) 


(4i) 


(49) Muhlenbergia torreyana — (Schultes) Hitch- 




Blake 




cock 




Smooth Coneflower; 




Torrey's Muhly; 


{3G) 


(24) Eriocaulon lineare — Small 


(43) 


(50) Myrica gale — L. 




Linear Pipewort; 




Sweet Gale; 


(^ 


(25) Filipendula rubra -- (Hill) B.L. Robins. 


(43) 


(51) Narthecium americanum — Ker 




Queen-of-the-Prairie; 




Bog Asphodel; 


(33) 


(26) Gentianopsis crinita - (Froelich) Ma 


(44) 


(52) Orbexilum macrophyllum — (Rowlee ex 




Fringed Gentian; 




Small) Rydberg 


(33) 


(27) Geum radiatum -- Michaux 




Bigleaf Scurfpea; 




Spreading Avens; 


(45) 


(53) Orthotrichum keeverae — Crum & Anders. 


(34) 


(28) Grammitis nimbata — (Jenm.) Proctor 




Keever's Bristle Moss; 




Dwarf Polypody Fern; 


(46) 


(54) Oxypolis canbyi — (Coult. & Rose) Fern. 


(29) 


Gvmnocarpium appalachianum — Prver & Haufler 




Canby's Cowbane; 




Appalachian Oak Fern; 


(55) 


Panicum hirstii — Swallen 


(30) 


Helenium brevifolium — (Nutt.) Wood 




Hirst's Panic Grass; 




Littleleaf Sneezeweed; 


(4^ 


(56) Pamassia caroliniana — Michaux 


(31) 


Helenium vemale — Walt. 




Carolina Grass-of-Pamassus; 




Spring Sneezeweed; 


(4g) 


(57) Pellaea wrightiana — Hooker 


(3#) 


(32) Helianthus schweinitzii -- T. & G. 




Wright's Cliff-brake Fern; 




Schweinitz's Sunflower; 


(49) 


(58) Plagiochila caduciloba 


(36) 


(33) Hexastylis contracta — Blomquist 




A Liverwort; 




Mountain Heartleaf; 


(50) 


(59) Plantago cordata — Lam. 


(3^ 






Heart-leaf Plantain; 






Dwarf flov^'orod Heartleaf; 


(5i) 


(60) Plantago sparsiflora — Michaux 


(34) 


Hierochloe odorata — (L.) Beauv. 




Pineland Plantain; 




Holy Grass; 


(53) 


(61) Platanthera integrilabia ~ (Correll) Leur 


(3«) 


(35) Houstonia purpurea var. montana — (Small) 




White Fringeless Orchid; 




Terrell 


(53) 


(62) Poa paludigena — Femald & Wiegand 




Mountain Bluet; 




Bog Bluegrass; 


(39) 


(36) Hudsonia montana — Nutt. 


(54) 


(63) Pteroglossaspis ecristata - (Femald) Rolfe 




Mountain Golden Heather; 




Eulophia; 




(37) Hydrastis canadensis — L. 


(55) 


(64) Ptilimnium nodosum — (Rose) Mathias 




Goldenseal; 




Harperella; 


(3i) 


(38) Isotria medeoloides — (Pursh) Raf. 


(56) 


(65) Pyxidanthera barbulata var. brevifolia — 




Small Whorled Pogonia; 




(Wells) Ahles 


(39) 


Juncus caesariensis — Coville 




Wells' Pyxie-moss; 




Rough Rush; 


(57) 


(66) Rhus michauxii — Sargent 


(33) 


(40) Juncus trifidus ssp. carolLnianus — Hamet 




Michaux's Sumac; 




Ahti 


(5«) 


(67) Rhynchospora crinipes — Gale 




One-flowered Rush; 




Mosquito Beak Sedge; 


(33) 


(41) Kalmia cuneata -- Michaux 


(59) 


(68) Rhynchospora macra - (C.B. Clarke) Small 




White Wicky; 




Large Beak Sedge; 


(34) 


(42) Lindera melissaefolia — (Walter) Blume 


(69) 


Rhynchospora thomei — Krai 




Southern Spicebush; 




Thome's Beaksedge; 


(35) 


(43) Lindera subcoriacea — Wofford 


(60) 


(70) Rudbeckia heliopsidis - Torr. &. Gray 




Bog Spicebush; 




Sun-facing coneflower; 


(-^7 


(44) Lophiola aurea - Ker-Gawl. 


(61) 


(71) Sagittaria fasciculata - E.O. Beal 




Golden Crest; 




Bunched Arrowhead; 


(^ 


(45) Lysimachia asperulaefolia — Poiret 


(63) 


(72) Sarracenia jonesii — Wherry 




Rough-leaf Loosestrife; 




ountain Sweet Pitcher Plant; 


(3«) 


(46) Lysimachia fraseri — Duby 


(63) 


(73) Sarracenia oreophila — (Kearney) Wherry 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



884 



PROPOSED RULES 





Green Pitcher Plant; 


^ 


(6) CacaUa rugelia — (Shuttl. ex Chapm) Barkley 


(4+) 


(74) Schwalbea americana — L. 




& Cronq. 




Chaffseed: 




Rugel's Ragwort; 


{65) 


(75) Sedum pusillum — Michaux 


(4) 


(7) Camassia scilloides — (Raf.) Cory 




Puck's Orpine; 




Wild Hyacinth; 




(76) Sedum rosea -- (L.) Scop. 


m 


£8} Carex conoidea - Willd. 




Roseroot; 




Cone-shaped Sedge; 


(6?) 


(77) Senecio schweinitzianus -- Nuttall 


(^ 


(9) Carex exilis — Dewey 




Schweinitz's Groundsel; 




Coastal Sedge; 


{4«) 


(78) Shortia galacifolia -- T. & G. 


(^ 


(10) Carya myristicaeformis — (Michaux f.) 




Oconee Bells; 




Nuttall 


(69) 


(79) Sisvrinchium dichotomum — Bicknell 




Nutmeg Hickory; 




Reflexed Blue-eyed Grass; 


m 


(11) Eleocharis halophila — Fern. & Brack. 


(80} 


Solidaao plumosa — Small 




Salt Spikerush; 




Yadkin River Goldenrod; 


m 


(12) Eupatorium resinosum — Torr. ex DC. 


(TO) 


(81) Solidaso ptarmicoides -- (Nees) Boivin 




Resinous Boneset; 




Prairie Goldenrod; 


m) 


(13) Fimbristylis perpusilla — Harper ex Small & 


(^ 


(82) Solidago pulchra -- Small 




Britton 




Carolina Goldenrod; 




Harper's Fringe-rush; 


(^ 


(83) Solidaso spithamaea -- M.A. Curtis 


fW) 


(14) Geum geniculatum — Michaux 




Blue Ridge Goldenrod; 




Bent Avens; 


f^ 


Solidago vema M.A. Curtis ex T. & G. 


(45) 


(15) Glyceria nubigena - W.A. Anderson 




Spring floworing Goldenrod; 




Smoky Mountain Maimagrass; 


(84) 


Sphagnum fuscum — (Schimp.) Klinggr. 


(45) 


(16) Gymnoderma ILneare ~ (Evans) Yoshimura 




Brown Peatmoss; 




& Sharp 


(^ 


(85) Spiraea virginiana - Britton 




Gnome Finger Lichen; 




Virginia Spiraea; 


(44) 


(17) Helonias bullata - L. 


f^ 


(86) Sporobolus heterolepis — Gray 




Swamp Pink; 




Prairie Dropseed; 


(18) 


Hexastylis naniflora — Blomquist 


(%) 


(87) St\lisma pickeringii var. pickeringii — 




Dwarf-flowered Heartleaf; 




(Torrey ex M.A. Curtis) Gray 


(4^ 


(19) Ilex collina — Alexander 




Pickering's Morning Glory; 




Long-stalked Holly; 


fW) 


(88) Thalictrum cooleyi — Ahles 


(46) 


(20) Isoetes piedmontana — (Pfeiffer) Reed 




Cooley's Meadowrue; 




Piedmont Quillwort; 


f7Q\ 


(89) Tortula ammonsiana — Crum & Anders. 


(4^ 


(21) Liatris helleri - (Porter) Porter 




Ammon's Tortula; 




Heller's Blazing Star; 


f») 


(90) Trillium pusillum — Michaux 


(4«) 


(22) Lilaeopsis carolinensis — Coult. & Rose 




Carolina Least Trillium; 




Carolina Lilaeopsis; 




(91) Trisetum spicatum var. molle — (Michaux) 


(W) 


(23) Lilium gravi — Watson 




Beal 




Gray's Lily; 




Soft Trisetum. 


(24) 


Lilium iridollae — Henry 
Pot-of-gold Lily; 


/iHf/;onY 


y G.S. 106-202.15. 


(25) 


Macbridea caroliniana — (Walt.) Blake 
Carolina Bogmint; 


.0302 


THREATENED PLANT SPECIES LIST 


(30) 


(26) Menvanthes trifoliata — L. 


The North Carolina Plant Conser\'ation Board hereby 




Buckbean; 


establishes the following list of threatened plant species: 


(34) 


(27) Mvriophyllum laxum — Schuttlew. ex Chap- 


(1) 


Amaranthus pumilus — Raf. 




man 




Seabeach .Amaranth; 




Loose Watermilfoil; 


(2) 


.A.morpha georgiana var. confusa — Wilbur 


(28) 


Pamassia grandifolia — DC. 




Savanna Indigo-bush; 




Large-leaved Grass-of-Pamassus; 


(3) 


Aster georsianus — Alexander 


(33) 


(29) Platanthera Integra - (Nuttall) Gray ex Beck 




Georgia Aster; 




Yellow Fringeless Orchid; 


til 


.\stragalus michauxii — (Kuntze) F.J. Herm. 


(3^ 


(30) Platanthera nivea - (Nutt.) Luer 




Sandhills Milk'\-etch; 




Snowy Orchid; 


(51 


Baptisia minor — Lehmann 


(34) 


(31) Portulaca smallii - P. Wilson 




Prairie Blue Indigo; 




Small's Portulaca; 



( 



( 



885 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



(25) (32) Rhexia aristosa - Britton 
Awned Meadow-beauty; 

(36) {33} Ruellia humilis -- Nutt. 
Low Wild-petunia; 

(37) (34) Sabatia kennedyana — Fern. 
Plymouth Gentian; 

(3^ {35} Schisandra glabra - (Brickel) Rehder 

Magnolia-vine; 
(39) {36} Schlotheimia lancifolia - Bartr. 

Highlands Moss; 
(30) {37} Senecio millefolium - T. & G. 

Divided-leaf Ragwort; 

(38) Solidago vema - M.A. Curtis 
Spring-flowering Goldenrod; 

(39) Spiranthes longilabris ;; Lindl. 
Giant Spiral Orchid; 

(^4) (40) Sporobolus teretifolius — Harper 

Wireleaf Dropseed; 
(33) (41) Thelypteris simulata — (Davenp.) Nieuwl. 

Bog Fern; 

(33) (42) Trichomanes boschianum — Sturm ex Bosch 
Appalachian Filmy-fern; 

(34) (43) Trichomanes petersii - A. Gray 
Dwarf Filmy-fern; 

(35) {44} Trillium discolor - Wray ex Hook. 
Mottled Trillium; 

(36) (45) Utricularia olivacea — Wright ex Grisebach 
Dwarf Bladderwort. 

Authority G.S. 106-202.15. 

.0304 PLANT SPECIES OF SPECLVL CONCERN 

(a) Special Concern Endangered Plant Species are those 
species that appear on both the Endangered Species List and 
on the Special Concern Species List and which can be 
offered for propagation to qualified propagators under 
permit. 

(1) Cystopteris tennesseensis — Shaver 
Tennessee Bladderfem; 

(2) Delphinium exaltatum — Alton 
Tall Larkspur; 

(3) Echinacea laevigata — (Boynton & Beadle) Blake 
Smooth Coneflower; 

(4) Gentianopsis crinita — (Froehlich) Ma 
Fringed Gentian; 

(5) Geum radiatum — Michaux 
Spreading Avens; 

(6) Hydrastis canadensis — L. 
Goldenseal, Orangeroot; 

(7) Kalmia cuneata — Michaux 
White Wicky; 

(8) Pellaea wrightiana — Hooker 
Wright's Cliff-brake Fern; 

(9) Rhus michauxii — Sargent 
Michaux's Sumac; 

(10) Sarracenia jonesii — Wherry 

Mountain Sweet Pitcher Plant; 



(11) Sarracenia oreophila — (Kearney) Wherry 
Green Pitcher Plant; 

(12) Shortia galacifolia - T. & G. 
Oconee Bells. 

(b) Special Concern Threatened Plant Species are those 
species that appear on both the Threatened Species List and 
on the Special Concern Species List and which can be 
offered for propagation to qualified propagators under 
permit. 

(1) Eupatorium resinosum — Torr. ex DC- 
Resinous Boneset; 

(i) {2} Helonias bullata - L. 
Swamp Pink; 

(3) {3} Liatris helleri - (Porter) Porter 
Heller's Blazing Star; 

(3) {4} Lilium grayi — Watson 
Gray's Lily; 

(4) {5} Sabatia kennedyana — Fern. 
Plymouth Gentian; 

(5) {6} Schisandra glabra — (Brickel) Rehder 
Magnolia Vine. 

(c) Special Concern Not Endangered or Threatened Plant 
Species are those species that appear on the Special Concern 
Species List but do not appear on the Endangered Species 
List or the Threatened Species List and which it shall be 
unlawful to distribute, sell or offer for sale except as 
otherwise provided in the rules. 

(1) Dionaea muscipula — Ellis 
Venus Flytrap; 

(2) Panax quinquefolius — L. 
Ginseng. 

Authority G.S. 106-202.15. 

.0305 COLLECTION AND SALE OF GINSENG 

(a) Definitions: 

(1) Department. The North Carolina Department of 
Agriculture. 

(2) Ginseng. Any plant of the species Panax 
quinquefolius including cuttings, roots, fruits, 
seeds, propagules or any other plant part. 

(3) Ginseng Dealer. Any person who purchases or 
otherwise obtains ginseng roots which have been 
collected or cultivated in North Carolina in any 
quantity for commercial use. This definition does 
not include those persons who directly collect or 
cultivate ginseng roots, or who obtain ginseng 
roots for their own personal use. 

(4) Export Certificate. A document issued to allow 
the export or shipment of ginseng out of the State 
by certifying that the ginseng covered by the 
document was legally collected or grown in North 
Carolina. 

(5) Inspector. An employee of the North Carolina 
Department of Agriculture or any other person 
authorized by the Commissioner to enforce these 
Rules. 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



886 



PROPOSED RULES 



(b) 



(6) Person. Individual, coqDoration, partnership, 
firm, or association. 

(7) Record of Ginseng Purchase. A document com- 
pleted by a ginseng dealer on a form provided by 
the Department to record ginseng purchases. 

(8) Record of Harvest Season Collection. A docu- 
ment completed and signed by a collector of wild 
ginseng and by an Inspector, certifying that the 
ginseng covered by the document was legally 
collected during the harvest season. 

(9) Statement Indicating Legal Collection of Ginseng 
from One's Own Land. A document completed 
and signed by a person verifying that the wild 
collected ginseng being sold was collected from 
that person's own land. 

Policy. The trade and biology of ginseng is moni- 
tored in North Carolina to obtain federal approval for the 
export of ginseng from the state, to support the ginseng 
trade within the state and to protect the species from over 
collection and extinction. 

(c) Collection of Ginseng: 

(1) Harvest Season for the Collection of Ginseng. 
The ginseng harvest season will be from Septem- 
ber 1 through April 1. Harvesting ginseng out- 
side of this period is prohibited except when the 
plants are dug from one's own land. 

(2) Collectors Harvesting or Selling Outside of the 
Harvest Season. Any person collecting wild 
ginseng outside of the harvest season must com- 
plete a Statement Indicating Legal Collection of 
Ginseng from One's Own Land before selling the 
ginseng. This form is available from ginseng 
dealers. Any person collecting ginseng within the 
harvest season but wishing to sell the ginseng 
outside of the season must complete a Record of 
Harvest Season Collection and have it signed by 
an Inspector before the end of the harvest season; 
the form is available from Inspectors. 

(3) The Replanting of Ginseng. All persons collect- 
ing ginseng from the wild are encouraged to plant 
the seeds of collected plants in the immediate 
vicinity of where they are found. 

(4) Any person collecting wild ginseng on the lands 
of another shall, at time of collection, have on 
their person written permission from the land- 
owner, as required under G.S. 106-202. 19(1). 

(5) Possession of freshly dug ginseng on the lands of 
another shall constitute prima facie evidence that 
the ginseng was taken from the same land on 
which the collector was found. 

(d) Purchase and Sale of Ginseng: 

(1) Ginseng Dealer Permits. All ginseng dealers shall 
obtain a permit from the Plant Industry Division 
of the Department prior to purchasing ginseng. 
Permits shall be valid from July 1 or the date of 
issue, whichever is later, to the following June 
30. No ginseng may be purchased by a ginseng 



dealer without a current permit. 

(2) Buying Season for Ginseng. The buying season 
for wild collected ginseng will be from September 
1 through the following April 1 for green ginseng 
and from September 15 through the following 
April 1 for dried ginseng. To buy wild collected 
ginseng outside of this buying season a ginseng 
dealer must obtain from the collector either: 

(A) a completed Statement Indicating Legal 
Collection of Ginseng from One's Own 
Land; or 

(B) a Record of Harvest Season Collection 
completed by the collector and signed by 
an Inspector. 

(3) Purchase Records. Every ginseng dealer shall 
keep a record of each purchase of ginseng col- 
lected or grown in North Carolina on the applica- 
ble Record of Ginseng Purchases provided by the 
Department. Forms from previous years, copies, 
or any forms other than those provided by the 
Department for the current permit period shall not 
be used. Records of Ginseng Purchases shall be 
made available for insp)ection by an Inspector and 
shall be surrendered to an Inspector upon issuance 
of an Export Certificate or on a periodic basis. 
The apphcable Statement Indicating Legal Collec- 
tion of Ginseng from One's Own Land or Record 
of Harvest Season Collection shall be attached to 
any Record of Ginseng Purchases recording a 
purchase of wild collected ginseng collected 
outside of the harvest season or bought outside of 
the buying season. 

(4) Purchase of Ginseng from Other Ginseng Dealers. 
All ginseng dealers who purchase ginseng from 
other ginseng dealers located in North Carolina 
shall purchase only from those ginseng dealers 
that have valid dealer permits. Such purchases 
shall be recorded in a Record of Dealer-Dealer 
Transactions. Ginseng purchased from ginseng 
dealers who lack valid permits will not be certi- 
fied for export or shipment out of the State. 

(5) Exportation and Shipment of Ginseng. All per- 
sons who have ginseng in any quantity and wish 
to exjxjrt or ship any amount out of the state shall 
obtain an export certificate from an Inspector. To 
obtain an export certificate a person must have 
accurate records of his purchases, present and 
surrender the original Record of Ginseng Pur- 
chases upon issuance of an export certificate and 
possess a valid ginseng dealer's permit. 

Authority G.S. 106-202.15. 

.0306 COLLECTION AND SALE OF VENUS 
FLYTRAP 

(a) Definitions: 
(1) Department. The North Carolina Department of 



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PROPOSED RULES 



I 



\ 



\ 



Agriculture. 

(2) Flytrap, Venus Flytrap. Any plant of the species 
Dionaea muscipula including cuttings, roots, 
fruits, seeds, propagules or any other plant part. 

(3) Person. Individual, corporation, partnership, 
firm, or association. 

(b) Collection of flytraps: 

(1) Venus Flytraps may not be uprooted, dug, taken 
or otherwise disturbed or removed for any pur- 
pose from the lands of another without a written 
permit from the owner which is dated and valid 
for no more than 180 days except that the inciden- 
tal disturbance of flytraps during agricultural, 
forestry or development operations is not illegal 
so long as the plants are not collected for sale or 
barter. 

(2) Venus Flytraps may not be uprooted, dug, taken 
or otherwise disturbed or removed for any pur- 
pose from public lands in North Carolina without 
a written permit from the agency which is respon- 
sible for administration for such public lands. 

(3) The Replanting of Flytraps. All persons collect- 
ing flytraps from the wUd are encouraged to plant 
the seeds of collected plants, if any, in the imme- 
diate vicinity of where they are found. 

(4) Any person collecting Venus Flytraps on the lands 
of another shall, at time of collection, have on 
their person written permission from the land- 
owner, as required under G.S. 106-202.19(1). 

(5) Possession of freshly dug Venus Flytraps on the 
lands of another shall constitute prima facie 
evidence that the plants were taken from the same 
land on which the collector was found. 

(c) Sale of flytraps: No person may sell or offer for sale 
Venus Flytraps unless they have been lawfully collected, 
propagated from lawfully obtained stock plants or seed, or 
collected from one's own land. 

Authority G.S. 106-202.15. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF 
NEED REGULATIONS 

SECTION .3000 - STATE MEDICAL 
FACILmES PLAN 

Notice is hereby given that the Division of Facility 
Services intends to extend the written comment period 
from September 13, 1996 to September 18, 1996 for rules 
cited as 10 NCAC 3R .3001, .3010, .3020, .3030, .3032, 
. 3040, . 3050. These are the permanent version of the 



temporary rules which were published in Volume 11, Issue 
8 of the North Carolina Register. The public hearing on 
these rules has been rescheduled and will be held at 10:30 
a.m. on Wednesday, September 18, 1996 at the Council 
Building, Room 201, Dorothea Dix Campus, 701 Barbour 
Drive, Raleigh, NC. Questions or written comments 
regarding this matter may be directed to Mr. Jackie 
Sheppard, APA Coordinator, Division of Facility Services, 
701 Barbour Drive, P.O. Box 29530, Raleigh, NC 27262- 
0530. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR/NC Marine Fisheries Com- 
mission intends to amend rules cited as 15A NCAC 31 
.0001, .0005; 3 J .0202; 3L .0102, .0201; 3M .0503, .0506, 
3R . 0006 - . 0007. Notice of Rule-making Proceedings was 
published in the Register on May 1, 1996 and July 1, 1996. 

Proposed Effective Date: April 1, 1997 

All Public Hearings will be conducted at 7:00 p.m. on: 
September 19, 1996 

Archdale Building 

Ground Floor Hearing Room 

512 N. Salisbury Street 

Raleigh, NC 

September 23, 1996 

NC Aquarium 

Airport Road 

Manteo, NC 

September 24, 1996 

Beaufort County Community College 

Six miles east of Washington 

Washington, NC 

September 25, 1996 

UNCW 

Cameron Hall 

601 S. College Road 

Wilmington, NC 

September 26, 1996 

Duke University Marine Lab Auditorium 

Pivers Island 

Beaufort, NC 

Reason for Proposed Action: 

ISA NCAC 31 .0001 - (1) To amend the definition of peeler 

crab to prohibit tire retention of white line peelers during hot 

temperatures when mortality is higher. (2) To define pound 

net, a gear regulated within existing rules. 

ISA NCAC 31 .0005 - To prohibit the abandonment of pots 

which continue to capture resources and allow for hardship 

provision. 

15A NCAC 3L .0102 - To prohibit the use of shrimp trawls 



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888 



PROPOSED RULES 



in the Atlantic Ocean on weekends south ofBaldhead Island. 

15 A NCAC 3L .0201 - To reduce the percentage of under- 

size crabs allowed and to require peelers to be separated (4) 

where taken. 

15A NCAC 3M .0202 - To grant proclamation authority to (5) 

the Fisheries Director to establish size and bag limits for 

striped bass taken by hook-and-line. 

15A NCAC 3M .0503 - Technical correction to reference to (6) 

rules. 

15 A NCAC 3M .0506 - Technical amendment to correct (7) 

spelling of grouper. 

15A NCAC 3R .0006 - To allow the use of more than one 

peeler crab trawl in areas restricted to trawling. 

ISA NCAC 3R .0007 - Technical correction to descriptions (8) 

of areas where pots may be placed. 

Comment Procedures: Comments and statements, both 
written and oral, may be presented at the hearing. Written 
comments are encouraged and may be submitted to the (9) 

Marine Fisheries Commission, PO Box 769, Morehead City, 
NC 28557. These written and oral comments must be 
received no later than October 31, 1996. Oral presentation 
lengths may be limited, depending on the number of people 
that wish to speak at the public hearings. 

Fiscal Note: TJiese Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5 ,000 ,000) in a 12-month period. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENfERAL RULES 

.0001 DEFINITIONS 

(a) All definitions set out in G.S. 113, Subchapter IV 
apply to this Chapter. 

(b) TTie following additional terms are hereby defined: 

(1) Commercial Fishing Equipment. All fishing 
equipment used in coastal fishing waters except: 
(A) Seines less than 12 feet in length; 

Spears; (14) 

A dip net having a handle not more than 

eight feet in length and a hoop or frame to 

which the net is attached not exceeding 60 

inches along the perimeter; 

Hook-and-line and bait-and-line equipment (15) 

other than multiple-hook or multiple-bait 

trotline; 

A landing net used to assist in taking fish (16) 

when the initial and primary method of 

taking is by the use of hook and line; and 

Cast Nets. 

(2) Fixed or stationary net. A net anchored or staked 
to the bottom, or some structure attached to the 
bottom, at both ends of the net. (17) 

(3) Mesh Length. The diagonal distance from the 



(B) 
(C) 



(D) 



(E) 



(F) 



(10) 

(11) 

(12) 
(13) 



inside of one knot to the outside of the other knot, 
when the net is stretched hand-tight. 
Possess. Any actual or constructive holding 
whether under claim of ownership or not. 
Transport. Ship, carry, or cause to be carried or 
moved by public or private carrier by land, sea, 
or air. 

Use. Employ, set, operate, or permit to be 
operated or employed. 

Purse Gill Nets. Any gill net used to encircle fish 
when the net is closed by the use of a purse line 
through rings located along the top or bottom line 
or elsewhere on such net. 

Gill Net. A net set vertically in the water to 
capture fish by entanglement by the gills in its 
mesh as a result of net design, construction, mesh 
size, webbing diameter or method in which it is 
used. 

Seine. A net set vertically in the water and pulled 
by hand or power to capture fish by encirclement 
and confining fish within itself or against another 
net, the shore or bank as a result of net design, 
construction, mesh size, webbing diameter, or 
method in which it is used. 

Internal Coastal Waters or Internal Waters. All 
coastal fishing waters except the Atlantic Ocean. 
Channel Net. A net used to take shrimp which is 
anchored or attached to the bottom at both ends or 
with one end anchored or attached to the bottom 
and the other end attached to a boat. 
Dredge. A device towed by engine power con- 
sisting of a frame, tooth bar or smooth bar, and 
catchbag used in the harvest of oysters, clams, 
crabs, scallops, or conchs. 

Mechanical methods for clamming. Includes, but 
not limited to, dredges, hydraulic clam dredges, 
stick rakes and other rakes when towed by engine 
power, patent tongs, kicking with propellers or 
deflector plates with or without trawls, and any 
other method that utilizes mechanical means to 
harvest clams. 

Mechanical methods for oystering. Includes, but 
not limited to, dredges, patent tongs, stick rakes 
and other rakes when towed by engine power and 
any other method that utilizes mechanical means 
to harvest oysters. 

Depuration. Purification or the removal of 
adulteration from Uve oysters, clams, and mussels 
by any natural or artificially controlled means. 
Peeler Crab. A blue crab that has a soft shell 
developing under a hard shell and having a defi- 
nite pink, white, or red line or rim on the outer 
edge of the back fin or flipper. From June 15 
through December 31. white line peelers do not 
meet the definition of peeler crab. 
Length of finfish. Determined by measuring 
along a straight line the distance from the tip of 



889 



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PROPOSED RULES 



\ 



the snout with the mouth closed to the tip of the 
compressed caudal (tail) fin. 

(18) Licensee. Any person holding a valid license 
from the Department to take or deal in marine 
fisheries resources. 

(19) Aquaculture operation. An operation that pro- 
duces artificially propagated stocks of marine or 
estuarine resources or obtains such stocks from 
authorized sources for the purpose of rearing in a 
controlled environment. A controlled environ- 
ment provides and maintains throughout the 
rearing process one or more of the following: 
predator protection, food, water circulation, 
salinity, or temperature controls utilizing proven 
technology not found in the natural environment. 

(20) Critical habitat areas. The fragile estuarine and 
marine areas that support juvenile and adult 
populations of economically important seafood 
species, as well as forage species important In the 
food chain. Critical habitats include nursery 
areas, beds of submerged aquatic vegetation, 
shellfish producing areas, anadromous fish spawn- 
ing and anadromous fish nursery areas, in all 
coastal fishing waters as determined through 
marine and estuarine survey sampling. Critical 
habitats are vital for portions, or the entire life 
cycle, including the early growth and development 
of important seafood species. 

(A) Beds of submerged aquatic vegetation are 
those habitats in public trust and estuarine 
waters vegetated with one or more species 
of submerged vegetation such as eelgrass 
(Zostera marina), shoalgrass (Halodule 
wrightii) and widgeongrass (Ruppia mari- 
tima). These vegetation beds occur in both 
subtidal and intertidal zones and may occur 
in isolated patches or cover extensive areas. 
In either case, the bed is defined by the 
presence of above-ground leaves or the 
below-ground rhizomes and propagules 
together with the sediment on which the 
plants grow. In defining beds of sub- 
merged aquatic vegetation, the Marine 
Fisheries Commission recognizes the 
Aquatic Weed Control Act of 1991 (G.S. 
113A-220 et. seq.) and does not intend the 
submerged aquatic vegetation definition and 
its implementing rules to apply to or con- 
flict with the non-development control 
activities authorized by that Act. 

(B) Shellfish producing habitats are those areas 
in which economically important shellfish, 
such as, but not limited to clams, oysters, 
scallops, mussels, and whelks, whether 
historically or currently, reproduce and 
survive because of such favorable condi- 
tions as bottom type, salinity, currents. 



cover, and cultch. Included are those 
shellfish producing areas closed to shellfish 
harvest due to pollution. 

(C) Anadromous fish spawning areas are de- 
fined as those areas where evidence of 
spawning of anadromous fish has been 
documented by direct observation of 
spawning, capture of rurming ripe females, 
or capture of eggs or early larvae. 

(D) Anadromous fish nursery areas are defined 
as those areas in the riverine and estuarine 
systems utilized by post-larval and later 
juvenile anadromous fish. 

(21) Intertidal Oyster Bed. A formation, regardless of 
size or shape, formed of shell and live oysters of 
varying density. 

(22) North Carolina Trip Ticket. Multiple-part form 
provided by the Department to fish dealers who 
are required to record and report transactions on 
such forms. 

(23) Transaction. Act of doing business such that fish 
are sold, offered for sale, exchanged, bartered, 
distributed or landed. The point of landing shall 
be considered a transaction when the fisherman is 
the fish dealer. 

(24) Live rock. Dving marine organisms or an assem- 
blage thereof attached to a hard substrate includ- 
ing dead coral or rock (excluding mollusk shells). 
For example, such living marine organisms 
associated with hard bottoms, banks, reefs, and 
live rock may include, but are not limited to: 

(A) Animals: 

(i) Sponges (Phylum Porifera); 
(ii) Hard and Soft Corals, Sea Anemo- 
nes (Phylum Cnidaria): 
(I) Fire corals (Class Hydrozoa); 
(II) Gorgonians, whip corals, sea 
pansies, anemones, 

Solenastrea (Class Anthozoa); 
(iii) Bryozoans (Phylum Bryozoa); 
(iv) Tube Worms (Phylum Annelida): 
(I) Fan worms (Sabellidae); 
(II) Feather duster and Christmas 

tree worms (Serpulidae); 
(IQ) Sand castle worms 

(Sabellaridae). 
(v) Mussel banks (Phylum 

MoUusca: Gastropoda) ; 
(vi) Colonial barnacles 

(Arthropoda: Crustacea: Megabalanus 
sp.). 

(B) Plants: 

(i) Coralline algae (Division 

Rhodophyta); 

(ii) Acetabularia sp., Udotea sp., 
Halimeda sp., Caulerpa sp. (Divi- 
sion Chlorophyta); 



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September 3, 1996 



890 



PROPOSED RULES 



(iii) Sargassum sp., Dictyopteris sp., 
Zonaria sp. (Division Phaeophyta). 

(25) Coral: 

(A) Fire corals and hydrocorals (Class Hydro- 
zoa): 

(B) Stony corals and black corals (Class 
Anthozoa, Subclass Scleractinia); 

(C) Octocorals; Gorgonian corals (Class 
Anthozoa, Subclass Octocorallia): 

(i) Sea fans (Gorgonia sp.); 
(ii) Sea whips (Leptogorgia sp. and 

Lophogorgia sp.); 
(iii) Sea pansies (Renilla sp.). 

(26) Shellfish production on leases and franchises: 

(A) The culture of oysters, clams, scallops, and 
mussels, on shellfish leases and franchises 
from a sublegal harvest size to a market- 
able size. 

(B) The transplanting (relay) of oysters, clams, 
scallops and mussels from designated areas 
closed due to pollution to shellfish leases 
and franchises in open waters and the 
natural cleansing of those shellfish. 

(27) Shellfish marketing from leases and franchises. 
The harvest of oysters, clams, scallops, mussels, 
from privately held shellfish bottoms and lawful 
sale of those shellfish to the public at large or to 
a licensed shellfish dealer. 

(28) Shellfish planting effort on leases and franchises. 
The process of obtaining authorized cultch materi- 
als, seed shellfish, and polluted shellfish stocks 
and the placement of those materials on privately 
held shellfish bottoms for increased shellfish 
production. 

(29) Pound Net. A fish trap consisting of a holding 
pen, one or more enclosures, wings, and a lead or 
leaders. 

Authority G.S. 113-134: 143B-289.4. 

.0005 LEAVING DEVICES UNATTENDED 

(a) It is unlawful to leave stakes, anchors, nets, pots, 
buoys, or floating devices in any coastal fishing waters 
when such devices are not being employed in fishing 
operations except as otherwise provided by rule or General 
Statute. 

(b) It is unlawful to leave pots in anv coastal fishing 
waters for more than ten consecutive days, when such pots 
are not being employed in fishing operations, except upon 
a timely and sufficient showing of hardship as defined in 
Subparagraph (1))(2) of this Rule or as otherwise provided 
by General Statute. 

(1) Agents of the Fisheries Director may tag pots 
with a device approved by the Fisheries Director 
to aid and assist in the investigation and identifica- 
tion of unattended pots. Any such device attached 
to a got by agents of the Fisheries Director must 



be removed by the individual utilizing the pot 
within ten days of attachment in order to demon- 
strate that the pot is being employed in fishing 
operations. 
(2) For the purposes of Paragraph (b) of this Rule 
only, a timely and sufficient showing of hardship 
shall be written notice given to the Fisheries 
Eh rector that the death, illness or incapacity of the 
owner of the got or his immediate family pre- 
vented or will prevent employing such pots in 
fishing operations more than ten consecutive days. 
The notice shall be received by the Fisheries 
Director before any pot is left in coastal fishing 
waters for ten consecutive days without being 
employed in fishing operations, shall state the 
name of the owner or immediate family member, 
the date of death, the date and nature of the 
illness or incapacity, the number and location of 
the pots, and the date on which the pots will be 
returned to fishing operations or removed from 
coastal fishing waters. The Fisheries Director 
may require a doctor's verification of the illness 
or incapacity or written verification of the date of 
death. Failure to remove from coastal fishing 
waters or return to fishing operations all pots for 
which notice of hardship is received under this 
Rule within 14 days of the expiration of the 
hardship shall be violation of this Rule, and such 
pots may be removed and disposed of at the 
discretion of the Fisheries Director. 
(c) It is unlawful to set or have any fishing equipment in 
coastal fishing waters in violation of this Section or which 
contains edible species of fish unfit for human consumption. 

Authority G.S. 113-134: 113-137; 113-182; 143B-289.4. 

SUBCHAPTER 3J - NETS, POTS, 
DREDGES, AND OTHER FISHING DEVICES 

SECTION .0200 - NETS RULES, SPECIFIC 
AREAS 

.0202 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) It is unlawful to use nets from June 15 through 
August 15 in the waters of Masonboro Inlet or in 
the ocean within 300 yards of the beach between 
Masonboro Inlet and a line running 138° through 
the water tank on the northern end of Wrightsville 
Beach, a distance parallel with the beach of 4,400 
yards. 

(2) It is unlawful to use trawls within one-half mile of 
the beach between the Virginia line and Oregon 
Inlet. 

(3) It is unlawful to use a trawl with a mesh length 
less than four inches in the main body, three 
inches in the extension, and one and three- fourths 



891 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



) 



inches in the cod end or tail bag inshore of a line 
beginning at a point 34° 41' 18" N - 76° 40' 08" 
W on the western side of Beaufort Inlet Channel 
(the present location of buoy "11" QK Fl); thence 
westward parallel to and one-half mile from the 
ocean back to a point 34° 40' 32" N - 76° 53' 
45" W off Salter Path. 

(4) It is unlawful to use trawl nets, including flynets, 
southwest of the 9960-Y chain 40250 LORAN C 
line (running offshore in a southeasterly direction) 
from Cape Hatteras to the North Carolina/South 
Carolina line except: 

(a) Shrimp trawls as defined in 15A NCAC 3L 
.0103; 

(b) Crab trawls as defmed in 15A NCAC 3L 
.0202; or 

(c) Flounder trawls as defmed in 15 A NCAC 
3M .0503. 

(5) It is unlawfiil to use unattended gill nets or block 
or stop nets in the Atlantic Ocean within 300 
yards of the beach from Beaufort Inlet to the 
South Carolina line from sunset Friday to sunrise 
Monday from Memorial Day through Labor Day. 

(6) It is unlawful to use gill nets in the Atlantic Ocean 
with a mesh length greater than seven inches from 
April 15 through December 15. 

(7) It is unlawful to use shrimp trawls in all waters 
west of a line beginning at the southeastern tip of 
Baldhead Island 33° 50' 29" N - 77° 57' 28" W 
running 173° (M) to a point in the Atlantic Ocean 
331 46' 16^ N ; rr 56' 24;i W^ between one 
hour after sunset and one hour before sunrise. 

Authority G.S. 113-134; 113-182; 143B-289.4. 

SUBCHAPTER 3L - SHRIMP, CRABS. 
AM) LOBSTER 

SECTION .0100 - SHRIMP 

.0102 WEEKEND SHRIMPING PROHIBITED 

It is unlawfiil to take shrimp by any m e thod trawl between 
one hour after sunset on any Friday and one hour before 
sunset on the following Sunday, except: Sunday: 

(1) In the Atlantic Ocean all internal coastal waters ; 
and 

(2) With th e uo e of fix e d and chann e l n e t s , hand 
seines, and cast nets. In all waters west of a line 
beginning at the southeastern tip of Baldhead 
Island 331 50' 29: N ; TT 57' 28: W running 
173° £M} to a point in die Atlantic Ocean 33° 46' 
16" N - 77° 56' 24" W. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

SECTION .0200 - CRABS 



.0201 SIZE LIMIT AND CULLING TOLERANCE 

(a) It is unlawful to possess hftfd blue crabs less than five 
inches from tip of spike to tip of spik e e xc e pt mature spike. 
Mature fonmlog females, soft and "pooler s " peeler crabs are 
exempt from this limitation . 

{b} A tolerance shall be allowed Tol e ranc e of not more 
than 45 10 percent by number of crabs less than five inches 
in any container, any portion oxaminod shall bo allowed. — la 
dotormlnlng whether the proportion of undoraizo erabs 
oxooodo th e 15 p e rc e nt tol e ranc e limit, th e Fioh e rio o Dir o o 
tor and hi s agents are authorized and e mpow e r e d to grado 
all, or any portion, or any combination of portions of the 
entire quantity of crabs being graded, and in oaoos of 
violations, may r e quir e s e izur e and r e turn to the waters, or 
oth e r disposition as authoriz e d by law. 

(c) (b) All crabs shall bo culled by the catcher whoro 
harvested and all crabs less than legal size except mature 
f e mal e s females, soft and "peelers" shall be immediately 
returned to the waters from which taken. "Peelers" shall be 
separated from the entire catch in a separate container where 
harvested, before reaching shore or dock. "Peelers" not 
separated upon inspection shall be deemed hard crabs and 
are not exempt from the size restrictions specified in 
Paragraph (a) of this Rule. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

SUBCHAPTER 3M - FINnSH 

SECTION .0500 - OTHER FINFISH 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder less than 13 inches 
in length. 

(b) Between October 1 and April 30, it shall be unlawful 
to use a trawl in the Atlantic Ocean within three miles of the 
ocean beach from the North Carolina/Virginia state line 
(35° 33' N) to Cape Lookout (34° 36' N) unless each trawl 
has a cod end (tallbag) mesh length greater than 5 1/2 
inches diamond mesh (stretched) or 6 inches square mesh 
(stretched) applied throughout the cod end for at least 75 
continuous meshes forward of the terminus (end) of the net, 
or the terminal one-third portion of a net, measured from 
the terminus of the cod end to the head rope for cod ends 
with less than 75 meshes, except as provided In Paragraphs 
(i) and (j) of this Rule. 

(c) License to Land Flounder from the Atlantic Ocean: 

(1) It is unlawful to land more than 100 pounds per 
trip of flounder taken from the Atlantic Ocean 
unless the vessel has been issued a License to 
Land Flounder from the Atlantic Ocean. 

(2) It is unlawful for a fish dealer to purchase or 
offload more than 100 pounds of flounder taken 
from the Atlantic Ocean by a vessel that has not 
first procured a valid North Carolina License to 
Land Flounder from the Atlantic Ocean. 

(3) To qualify for a North Carolina License to Land 



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September 3, 1996 



892 



PROPOSED RULES 



Flounder from the Atlantic Ocean, a vessel shall 
have: 

(A) been licensed under G.S. 113-152 or 113- 
153 during any two of the 1992-93, 1993- 
94, or 1994-95 license years, and 

(B) landed in North Carolina at least 1,000 
pounds of flounder each year from the 
Atlantic Ocean during any two of the 1992- 
93, 1993-94, or 1994-95 license years for 
which the vessel was licensed to land in 
North Carolina. 

(4) At least 10 days prior to issuance, applicants for 
the license shall complete an application form 
provided by the Division of Marine Fisheries and 
submit it to the North Carolina Division of Ma- 
rine Fisheries, Post Office Box 769, 3441 
Arendell Street, Morehead City, North Carolina 
28557. The following information is required: 

(A) Valid documentation papers or current 
motor boat registration or copy thereof; 

(B) Proof of required licenses and flounder 
landings data for that vessel during the 
years the vessel was licensed. 

Licenses shall be issued to qualifying ves- 
sels at no fee and only from the Morehead 
City Office of the Division of Marine 
Fisheries. 

(5) Licenses may only be transferred: 

(A) with the transfer of the ownership of a 
vessel holding a License to Land Flounder 
from the Atlantic Ocean to the new owner 
of that vessel, or 

(B) by the owner of a vessel to another vessel 
under the same ownership. The vessel 
owner is only eligible for the same number 
of Licenses to Land Flounder from the 
Atlantic Ocean for which his boats qualify, 

(C) any transfer of hcense under this Paragraph 
must be facilitated through the Division of 
Marine Fisheries Morehead City Office 
only. 

(6) It is unlawful for any individual to land flounder 
from the Atlantic Ocean without having ready at 
hand for inspection a valid License to Land 
Flounder from the Atlantic Ocean, except as 
specified in Subparagraph (c)(1) of this Rule. 

(7) Suspension or Revocation: 

(A) A License to Land Flounder from the 
Atlantic Ocean issued under this Rule shall 
be subject to suspension or revocation 
pursuant to the provisions of 15A NCAC 
3P, except that this license shall be subject 
to revocation pursuant to the provisions of 
G.S. 113-166 when the licensee is con- 
victed of a criminal offense within the 
jurisdiction of the Department under the 
provisions of Subchapter IV of G.S. 1 13, 



or of the rules of the Marine Fisheries 
Commission adopted under the authority of 
that Subchapter. 
(B) The Division may commence proceedings 
under 15A NCAC 3P, for suspension or 
revocation of a License to Land Flounder 
from the Atlantic Ocean if it finds: 
(i) the license was obtained by provid- 
ing any false information or willfully 
omitting required information when 
the information is material to the 
securing of the license; or 
(ii) the license was falsified, fraudulently 

altered, or counterfeited; or 
(iii) the licensee practices any fraud or 
deception designed to evade the 
provisions of this Rule or reasonable 
administrative directives made under 
the authority of this Rule or G.S. 
113-182(b)(3). 

(d) It is unlawful to transfer flounder taken from the 
Atlantic Ocean from one vessel to another. 

(e) It is unlawful to possess flounder less than 14 inches 
total length taken by hook-and-line or gig from the Atlantic 
Ocean. 

(0 It is unlawful to possess more than 8 flounder per 
person per day taken by hook-and-line or gig from the 
Atlantic Ocean. 

(g) Persons with a vessel endorsement to sell or a 
nonvessel endorsement to sell are exempt from the posses- 
sion limit in Paragraphs (e) and (0 and (g) of this Rule. 

(h) Tailbag liners of any mesh size, the multiple use of 
two or more cod ends, or other netting material that in any 
way could restrict the legal size mesh required by this Rule, 
shall not be used or possessed on the deck of a vessel in the 
Atlantic Ocean between October 1 and April 30 from the 
North Carolina/ Virginia state line (36° 33' N) to Cape 
Lookout (34° 36' N). 

(i) Trawls with a cod end mesh size smaller than de- 
scribed in Paragraph Cb) of this Rule may be used or 
possessed on the deck of a vessel provided not more than 
100 pounds of flounder per trip from May 1 through 
October 31 or more than 200 pounds from November 1 
through April 30 is possessed aboard or landed from that 
vessel. 

(j) Flynets are exempt from the flounder trawl mesh 
requirements if they meet the following definition: 

( 1 ) The net has large mesh in the wings that measure 
8 inches to 64 inches; 

(2) The first body section (belly) of the net has 35 or 
more meshes that are at least 8 inches; and 

(3) The mesh decreases in size throughout the body 
of the net to as small as 2 inches or smaller 
towards the terminus of the net. 

(k) Season. 
(1) TTie North Carolina season for landing ocean- 
caught flounder shall open January 1 each year. 



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If 70 percent of the quota allocated to North 
Carolina in accordance with the joint Mid-Atlantic 
Fisheries Management Council-Atlantic States 
Marine Fisheries Commission Fishery Manage- 
ment Plan for Summer Flounder is projected to be 
taken, the Fisheries Director shall, by proclama- 
tion, close North Carolina ports to landing of 
flounder taken from the ocean. 

(2) During the closed season, vessels may land up to 
100 pounds of flounder per trip taken from the 
Atlantic Ocean. 

(3) The season for landing flounder taken in the 
Atlantic Ocean shall reopen November 1. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

.0506 SNAPPER-GROUPER 

(a) The Fisheries Director may, by proclamation, impose 
any or all of the following restrictions in the fishery for 
species of the snapper-grouper complex listed in the South 
Atlantic Fishery Management Council Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantify; 

(5) Specify means/methods; and 

(6) Require submission of statistical and biological 
data. 

The species of the snapper-grouper complex listed in the 
South Atlantic Fishery Management Council Fishery 
Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region is hereby incorporated by reference 
and copies are available at the Division of Marine Fisheries, 
P.O. Box 769, Morehead City, North Carolina 28557 at no 
cost. 

(b) It is unlawful to possess black sea bass less than eight 
inches total length taken south of Cape Hatteras (35° 15' N, 
Latitude). 

(c) It is unlawful to possess gag grouper (gray grouper) 
less than 20 inches total length. 

(d) It is unlawful to possess black grouper less than 20 
inches total length. 

(e) It is unlawful to possess red snapper less than 20 
inches total length. 

(f) It is unlawful to possess red grouper less than 20 
inches total length. 

(g) It is unlawful to possess yellowfin grouper (fireback 
grouper) less than 20 inches total length. 

(h) It is unlawful to possess scamp less than 20 inches 
total length. 

(i) It is unlawful to possess yellowmouth grouper less 
than 20 inches total length, 
(j) Greater ambeijack: 
(1) It is unlawful to possess greater ambeijack less 
than 36 inches fork length except that persons 



fishing under the bag limit established in Subpara- 
graph (2) of this Paragraph may possess a mini- 
mum 28 inch ambeijack. 
(2) It is unlawful to possess more than three greater 
ambeijack per person per day. 
(k) Vermilion Snapper: 

(1) It is unlawful to possess vermilion snapper 
(beeliner) less than 12 inches total length except 
that persons fishing under the bag limit estab- 
lished in Subparagraph (2) of this Paragraph may 
possess 10 inch vermilion snapper. 

(2) It is unlawful to possess more than 10 vermilion 
snapper per person per day taken for non-com- 
mercial purposes. 

(1) It is unlawful to possess silk snapper (yelloweye 
snapper) less than 12 inches total length. 

(m) It is unlawful to possess blackfin snapper (hambone 
snapper) less than 12 inches total length. 

(n) It is unlawful to possess red porgy (pink or silver 
snapper) less than 12 inches total length. 

(o) Speckled hind (Kitty Mitchell) and Warsaw grouper: 

(1) It is unlawful to sell or offer for sale speckled 
hind or Warsaw grouper. 

(2) It is unlawful to possess more than one speckled 
hind or one Warsaw group grouper per vessel per 
trip. 

(p) Combined Bag Limit for Snapper. It is unlawful to 
possess more than 10 vermilion snappers and 10 other 
species of snappers, of which no more than two may be red 
snapper, taken in any one day unless fishing aboard a vessel 
holding a federal vessel permit for snapper-grouper authoriz- 
ing the bag limit to be exceeded. 

(q) Combined Bag Limit for Grouper: 

(1) It is unlawful to possess more than five grouper 
taken in any one day unless fishing aboard a 
vessel holding a federal vessel permit for snapper- 
grouper authorizing the bag limit to be exceeded. 

(2) Vessels holding a federal permit authorizing the 
bag limit to be exceeded may not possess more 
than one speckled hind or one Warsaw grouper. 

(r) It is unlawful to possess Nassau grouper or jewfish. 
(s) Fish Traps/Pots: 

(1) It is unlawful to use or have on board a vessel 
fish traps for taking snappers and groupers except 
sea bass pots as allowed in Subparagraph (2) of 
this Paragraph. 

(2) Sea bass may be taken with pots that conform 
with the federal rule requirements for mesh sizes 
and pot size as specified in 50 CFR Part 646.2 
and openings and degradable fasteners specified in 
50 CFR Part 646-22(c)(2)(i). 

Authority G.S. 113-134; 113-182; 113-221; I43B-289.4. 

SUBCHAPTER 3R - DESCRIPTIVE 
BOUNDARIES 



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894 



PROPOSED RULES 



.0006 TRAWT. NETS PROHIBITED 

It is unlawful to use trawl nets except that the Fisheries 
Director may, by proclamation, open the areas described in 
Items (11) - (16) of this Rule to peeler crab trawling to 
single-rigged trawls as defined in 15A NCAC 3L .0202 
.0202. or to double-rigged boats whose combined total 
headrope length does not exceed 25 feet and may, by 
proclamation, behveen October 15 and December 31, open 
the areas described in Items (8) - (16) of this Rule to the 
harvest of shrimp: 

( 1 ) In that area south of Shackleford Banks which is 
east of a line which begins at the navigation aid 
(tuoy or beacon) at the westward end of the Cape 
Lookout westernmost jetty and running thence N 
06° 45" E degrees (M) to the Markers' Island 
water tower: The excluded area includes all of 
Cape Lookout Bight, that area west of the Bight 
but east of the line above that portion of Bardens 
Inlet which lies southwestward of a line which 
begins at the Cape Lookout Lighthouse and runs 
N 28° 15' W degrees (M) to the southern end of 
Shackleford Banks: 

(2) In Pamlico Sound, within the area bounded by a 
line beginning at a point on the north side of 
Swash inlet 34° 58' 50" N - 76° 09' 13" W: 
thence running 272° (M) 5,420 yards to a point in 
Wainwright Channel 34° 59' 30" N - 76° 12' 22" 
W immediately east of the northern tip of Wain- 
wright Island: thence 019° (NT) 2,000 yards to red 
4 second interval flashing beacon "2CS" 35° 00' 
16" N - 76° 12' 12" W; thence 033° (M) 2,900 
yards to 4 second interval flashing beacon "HL" 
35° or 35" N - 76° 11' 27" W; thence 043° (M) 
14,450 yards to a point in Pamlico Sound 35° 07' 
06" N - 76° 06' 54" W; from which point green 
4 second interval flashing beacon "3" on Royal 
Shoal bears 005° (M) 6,000 yards: green 6 
second interval flashing beacon "5" on Royal 
Shoal bears 325° (M) 6,220 yards; and a yellow 
6 second interval flashing beacon on Royal Shoal 
bears 257° (M) 3,000 yards; thence 078° (M) 
7,800 yards to green 2.5 second interval flashing 
beacon "9" 35° 08' 26" N - 76° 02' 30" W in 
Nine Foot Shoal Channel; thence 067° (M) 3,640 
yards to red 4 second interval flashing beacon 
"14BF" 35° 09' 21" N - 76° 00' 39" W in Big 
Foot Slough Channel: thence 078° (M) 26,260 
yards to a quick-flashing beacon 35° 14' 00" N - 
75° 45' 50" W; southwest of Oliver Reef: thence 
033° (M) 6,100 yards to 2.5 second interval 
flashing beacon "1" 35° 16' 46" N - 75° 44' 16" 
W in RoUinson Channel: thence 079° (M) 13,920 
yards to red 4 second interval flashing beacon "2" 
35° 19' 02" N - 75° 36' 19" W in Cape Channel: 
thence 038° (M) 8,800 yards to green 4 second 
inter\'al flashing beacon "1" at 35° 22' 48" N - 
75° 33' 36" W in Avon Channel: thence 027° 



(M) 11,900 yards to a point on Gull Island at 35° 
28' 27" N - 75° 31' 21" W; thence 012° (M) 
15,400 to 4 second interval flashing beacon "ICC" 
35° 36' 00" N - 75° 31' 12" W at 
Chicamacomico Channel: thence 331° (M) 8,600 
yards to a point in Pamlico Sound at 35° 39' 21" 
N - 75° 34' 24" W; thence 013° (M) 7,250 yards 
to a point in Pamlico Sound at 35° 42' 57" N - 
75° 34' 09" W; thence 082° (M) 5,800 yards to 
a point on the shore of Hatteras Island at the 
south point of Eagle Nest Bay 35° 43' 42" N - 
75° 30' 54" W; thence running southward with 
the shoreline of Hatteras Island to a point 35° 11' 
30" N - 75° 44' 48" W on the southwest end of 
Hatteras Island; thence 269° (M) 2,380 yards 
across Hatteras Inlet to a point 35° 11' 18" N - 
75° 46' 15" W on the northeast end of Ocracoke 
Island; thence southwest with the shoreline of 
Ocracoke Island to a point 35° 03' 54" N - 76° 
00' 54" W on the southwest end of Ocracoke 
Island: thence 268° (M) 2,220 yards across 
Ocracoke Inlet to a point 35° 03' 42" N - 76° 02' 
15" W on the northeast end of Portsmouth Island; 
thence running southwest with the shoreline of 
Portsmouth Island and Core Banks to a point on 
the north side of Swash Inlet 34° 58' 50" N - 76° 
09' 13" W, to the point of the beginning; 

(3) In Northern Pamlico Sound, Stumpy Pomt Bay, 
north of a line beginning at a point on Kazer 
Point 35° 40' 37" N - 75° 45' 39" W; running 
079° (M) to a point on Drain Point 35° 40' 57" 
N - 75° 44' 28" W; 

(4) In the Pamlico River area: 

(a) In Pamlico River, west of a line beginning 
at a point on Maul Point 35° 26' 56" N - 
76° 55' 33" W; running 073° (M) to a 
point on Ragged Point 35° 27' 33" N - 76° 
54' 21" W; 

(b) In lower Goose Creek, south of a line 
beginning at a point on the south shore of 
Snode Creek 35° 18' 06" N - 76° 37' 34" 
W; running 091° (M) to Store Point 35° 
18' 09" N - 76° 37' 56" W; 

(5) In Pungo River, north of a line beginning at a 
point on the east shore 35° 32' 05" N - 76° 28' 
09" W; running 277° (\T) through Beacon No. 21 
to a point on the west shore 35° 32' 12" N - 76° 
29' 15" W; 

(6) In the Bay River Area: 

(a) Dump Creek, north of a line beginning at 
a point on the west shore 35° 11' 38" N - 
76° 33' 25" W; running 129° (M) to a 
point on the east shore 35° 11' 21" N - 
76° 32' 53" W; 

(h) Rockhole Bay, north of a line beginning at 
a point on the west shore 35° 11' 21" N - 
76° 32' 53" W; running 123° (M) to a 



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PROPOSED RULES 



point on the east shore 35° 11' 06" N - 
76° 32' 12" W; 

(c) Vandemere Creek, north of a line begin- 
ning at a point on the west shore 35° 11' 
15" N - 76° 39' 28" W; running 162° (M) 
to a point on the east shore 35° 11' 05" N 
- 76° 39' 22" W; 

(d) Cedar Creek, west of a line beginning at a 
point on the north shore of Cedar Creek 
35° 11' 15" N - 76° 39' 28" W; running 
224° (M) to a point on the south shore of 
an unnamed tributary 35° 11' 04" N - 76° 
39' 40" W; 

(e) Chapel Creek, north of a line beginning at 
a point on the west shore of Chapel Creek 
35° 08' 42" N - 76° 42' 50" W; running 
091° (M) to a point on the east shore 35° 
08' 44" N - 76° 42' 24" W; 

(f) Upper Bay River, west of a line beginning 
at a point on the north shore of Bay River 
35° 08' 39" N - 76° 43' 06" W; running 
209° (M) to a point on the south shore 35° 
08' 25" N - 76° 43' 13" W; 

(7) In the Neuse River Area, Pierce Creek, west of a 
line beginning at a point on the southwest shore of 
Pierce Creek 35° 02' 18" N - 76° 39' 42" W; 
running 022° (M) to a point on the northeast 
shore 35° 02' 24" N - 76° 39' 43" W; 

(8) In Tumagain Bay - south of a line beginning at a 
point on the west shore at 34° 59' 23" N - 76° 
30' 11"; thence running 084° (M) to a point on 
the east shore at 34° 59' 33" N - 76° 29' 23" W; 

(9) In Long Bay-Ditch Bay - west of a line beginning 
at a point 34° 57' 52" N - 76° 26' 37" W, 
running southwest 226° (M) to a point 34° 57' 
13" N - 76° 27' 13" W, thence south of a line 
running southeast 134° (M) to a point 34° 56' 
46" N - 76° 26' 26" W; 

(10) In West Thorofare Bay - south of a line beginning 
at a point on the west shore 34° 57' 22" N - 76° 
24' 03" W, running 090° (M) through FL R 
"lOWB" to a point on the east shore 34° 57' 28" 
N - 76° 23' 06" W; 

(11) In Cedar Island Bay - northwest of a line begin- 
ning at a point near the telephone tower 34° 57' 
49" N - 76° 16' 58" W, running 049° (M) to a 
point at the gun club or "clubhouse" dock 34° 58' 
43" N - 76° 16' 00" W; 

(12) In Thorofare Bay-Barry Bay - northwest of a line 
beginning at a point on Hall Point 34° 54' 25" N 
- 76° 19' 09" W, running 046° (M) to a point at 
Rumley Hammock 34° 55' 27" N - 76° 18' 13" 
W; 

(13) In Nelson Bay - northwest of a line beginning at 
a point on the west shore of Nelson Bay 34° 51' 
08" N - 76° 24' 36" W, and running 062° (M) 
through Beacon No. 1 in Nelson Bay to a point on 



Drum Point 34° 51' 36" N - 76° 23' 48" W; 

(14) In Brett Bay - all waters north of a line beginning 
at Piney Point 34° 49' 32" N - 76° 25' 06" W; 
running 258° (M) to a point on the west shore 
34° 49' 23" N - 76° 26' 02" W; 

(15) In Jarrett Bay - north of a line beginning at a 
point east of Davis Island 34° 45' 46" N - 76° 
28' 45" W, and running 266° (M) to a point on 
the west shore (site of Old Chimney) 34° 45' 31" 
N - 76° 30' 04" W; 

(16) In the North River area: 

(a) North River - north of a line beginning at 
a point on the west shore at the oyster 
house 34° 46' 28" N - 76° 37' 07" W, 
running 096° (M) to a point on the east 
shore 34° 46' 30" N - 76° 35' 47" W; 

(b) Ward Creek - east of a line beginning on 
the north shore 34° 46' 13" N - 76° 34' 
58" W, running 182° (M) to a pomt on the 
south shore 35° 45' 34" N - 76° 35' 00" 
W; 

(17) In Newport River - west of a line beginning at 
Penn Point at 34° 45' 44" N - 76° 43' 35" W; 
thence ruiming 022° (M) to a point on the north 
shore at 34° 46' 47" N - 76° 43' 15" W. 

Authority G.S. 113-134; 113-182; 143B-289.4. 

.0007 DESIGNATED POT AREAS 

(a) As referenced in 15A NCAC 3J .0301, it is unlawful 
to use pots north and east of the Highway 58 Bridge at 
Emerald Isle from May 1 through October 31, except in 
areas described below: 

(1) In Albemarle Sound and tributaries. 

(2) In Roanoke Sound and tributaries. 

(3) In Croatan Sound and tributaries. 

(4) In Pamlico Sound and tributaries, except the 
following areas and areas further described in 
Paragraphs (5), (6), and (7) of this Rule: 

(A) In Wysocking Bay: 

(i) Bound by a line beginning at a point 
on the south shore of Lone Tree 
Creek 35° 25' 05" N - 76° 02' 05" 
W running 239° (M) 1000 yards to 
a point 35° 24' 46" N - 76° 02' 32" 
W; thence 336° (M) 2200 yards to a 
point 35° 25' 42" N - 76° 03' 16" 
W; thence 062° (M) 750 yards to a 
point on shore 35° 25' 54" N - 76° 
02' 54" W; thence following the 
shoreline and the Lone Tree Creek 
primary nursery area line to the 
beginning point; 
(ii) Bound by a line beginning at a point 
on the south shore of Mt. Pleasant 
Bay 35° 23' 07" N - 76° 04' 12" W 
running 083° (M) 1200 yards to a 



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896 



PROPOSED RULES 



point 35° 23' 17" N - 76° 03' 32" 
W; thence 023° (M) 2400 yards to a 
point 35° 24' 27" N - 76° 03' 12" 
W; thence 299° (M) 1100 yards to a 
point on shore 35° 24' 38" N - 76° 
04' 48" W; thence following the 
shoreline and the Browns Island and 
Mt. Pleasant Bay primary nursery 
area line to the beginning point; 
except pots may be set no more than 
50 yards from the shoreline. 

(B) In Juniper Bay bound by a line beginning at 
a point on Juniper Bay Point 35° 20' 18" 
N - 76° 13' 22" W running 275° (M) 2300 
yards to a point 35° 20' 15" N - 76° 14' 
45" W; thence 007° (M) 2100 yards to 
Daymarker No. 3; thence 040° (M) 1100 
yards to a point on shore 35° 21' 45" N - 
76° 14' 24" W; thence following the shore- 
line and the Buck Creek and the Laurel 
Creek primary nursery area line to the 
beginning point. 

(C) In Swanquarter Bay, bound by a line begin- 
ning at a point on the north shore of Caffee 
Bay 35° 21' 57" N - 76° 17' 44" W; 
running 191° (M) 800 yards to a point on 
the south shore 35° 21' 35" N - 76° 17' 
45" W; thence following the shoreline to a 
point on shore 35° 21' 37" N - 76° 18' 
22" W; thence running 247° (M) 1300 
yards to a point 35° 21' 17" N - 76° 19' 
03" W; thence 340° (M) 1350 yards to a 
point 35° 21' 51" N - 76° 19' 27" W; 
thence 081° (M) 1150 yards to a point on 
the north shore 35° 22' 02" N - 76° 18' 
48" W; thence following the shoreline and 
the primary nursery area line to the begin- 
ning point. 

(D) In Deep Cove east of a line beginning at a 
point on the south shore 35° 20' 33" N - 
76° 22' 57" W, running 021° (M) 1800 
yards to a point on the north shore 35° 21' 
55" N - 76° 22' 43" W and west of a line 
beginning at a point on the south shore 35° 
20' 44" N - 76° 22' 05" W running 003° 
(M) 1400 yards to a point on the north 
shore 35° 21' 26" N - 76° 22' 1 1" W. 

(E) Off Striking Bay bound by a line beginning 
at a point on the west shore of Striking Bay 
35° 23' 20" N - 76° 26' 59" W running 
190° (M) 1900 yards to a point 35° 22' 
23" N - 76° 27' 00" W; thence 097° (M) 
900 yards to Beacon No. 2; thence 127° 
(M) 1600 yards to a point 35° 21' 55" N - 
76° 25' 43" W; thence following the shore- 
line to a point 35° 22' 30" N - 76° 25' 14" 
W; thence 322° (M) 2200 yards to a point 



35° 23' 17" N - 76° 26' 10" W; thence 
following the shoreline to a point 35° 23' 
19" N - 76° 26' 24" W; thence 335° (M) 
900 yards to a point 35° 23' 40" N - 76° 
26' 43" W; thence 059° (M) 500 yards to 
a point 35° 23' 30" N - 76° 26' 58" W; 
thence following the shoreline to the begin- 
ning point. 

(F) In Rose Bay bound by a line beginning at 
a point southwest of Swan Point 35° 23' 
56" N - 76° 23' 39" W running 288° (M) 
1500 yards to a point on shore 35° 24' 03" 
N - 76° 24' 33" W; thence 162° (M) 1650 
yards to a point 35° 23' 19" N - 76° 24' 
04" W; thence 084° (M) 1350 yards to a 
point on shore 35° 23' 29" N - 76° 23' 
17" W; thence following the shoreline to 
the beginning point. 

(G) In Spencer Bay bound by a line beginning 
at a point on shore at Willow Point 35° 22' 
26" N - 76° 28' 00" W running 059° (M) 
1700 yards to a point 35° 22' 57" N - 76° 
27' 13" W; thence 317° (M) 1500 yards to 
a point 35° 23' 25" N - 76° 27' 57" W; 
thence 243° (M) 1300 yards to a point on 
shore 35° 23' 02" N - 76° 28' 35" W; 
thence following the shoreline and the 
unnamed primary nursery area line to the 
beginning point. 

(H) In Big Porpoise Bay bound by a line begin- 
ning at a point on shore 35° 15' 58" N - 
76° 29' 10" W running 182° (M) 750 
yards to Sage Point 35° 15' 36" N - 76° 
29' 06" W; thence 116° (M) 850 yards to 
a point 35° 15' 28" N - 76° 28' 36" W; 
thence 023° (M) 700 yards to a point on 
shore 35° 15' 48" N - 76° 28' 30" W; 
thence following the shoreline to the begin- 
ning point. 

(I) In Middle Bay bound by a line beginning at 
Middle Bay Point 35° 14' 53" N - 76° 28' 
41" W; running 210° (M) 3650 yards to 
Sow Island Point 35° 13' 09" N - 76° 29' 
28" W; thence following the shoreline of 
Middle Bay to Big Fishing Point 35° 14' 
05" N - 76° 29' 52" W; thence 008° (M) 
1100 yards to a point on the north shore 
35° 14' 31" N - 76° 29' 52" W; thence 
following the shoreline to the point of 
beginning. 

(J) In Jones Bay bound by a line beginning at 
a point on Sow Island Point 35° 13' 09" N 
- 76° 29' 28" W running 204° (M) 2600 
yards to Green Flasher No. 5; thence 322° 
(M) 2450 yards to a point 35° 12' 48" N - 
76° 30' 58" W; thence 217° (M) 1200 
yards to a point on shore 35° 12' 20" N - 



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PROPOSED RULES 



76° 31' 16" W; thence 284° (M) 740 yards 

to a point on shore 35° 12' 26" N - 76° 

31' 46" W; thence following the shoreline 

to a point 35° 12' 36" N -76° 32' 01" W; 

thence 051° (M) 600 yards to a point 35° 

12' 52" N - 76° 31' 45" W; thence parallel 

with the shoreline no more than 600 yards 

from shore to a point 35° 13' 11" N - 76° 

32' 07" W; thence 038° (M) to a point 600 

yards from the north shore 35° 13' 39" N 

- 76° 31' 54" W; thence parallel with the 

shoreline no more than 600 yards from 

shore to a point 35° 13' 09" N - 76° 30' 

48" W; thence 009° (M) 600 yards to a 

point on shore 35° 13' 26" N - 76° 30' 

47" W; thence following the shoreline to 

the beginning point. 

(K) In an area bound by a line beginning at 

Boar Point 35° 12' 07" N - 76° 31' 04" W 

running 106° (M) 2000 yards to Green 

Flasher No. 5; thence 200° (M) 2200 yards 

to a point 35° 10' 56" N - 76° 30' 10" W; 

thence 282° (M) 2350 yards to Bay Point 

35° 11' 02" N - 76° 31' 35" W; thence 

following the shoreline to the beginning 

point. 

(5) In Pamlico River west of a line from a point on 

Pamlico Point 35° 18' 42" N - 76° 28' 58" W 

running 009° (M) through Daymarker No. 1 and 

Willow Point Shoal Beacon to a point on Willow 

Point 35° 22' 23" N - 76° 28' 48" W pots may 

be used in the following areas: 

(A) In that area bound by a line begiiming at a 
point on the line from Pamlico Point to 
Willow Point 35° 19' 24" N - 76° 28' 56" 
W running westerly parallel to the shore- 
line at a distance of no more than 1000 
yards to Green Flasher No. 1 at the mouth 
of Goose Creek; thence 248° (M) parallel 
to the ICWW to a point off Fulford Point 
35° 19' 59" N - 76° 36' 41" W; thence 
171° (M) to a point on Fulford Point 35° 
19' 41" N -76° 36' 34" W. 

(B) All coastal waters and tributaries of Oyster 
Creek, James Creek, Middle Prong and 
Clark Creek. 

(C) All coastal waters of Goose Creek: 

(i) In that area bound by a line begin- 
ning at a point on Reed Hammock 
35° 20' 24" N - 76° 36' 51" W 
running 171° (M) 300 yards to a 
point 35° 20' 16" N - 76° 36' 48" 
W; thence parallel with the shoreline 
no more than 300 yards from shore 
to a point 35° 20' 09" N - 76° 37' 
10" W; thence 302° (M) 300 yards 
to a point on shore 35° 20' 13" N - 



76° 37' 19" W. 

(ii) In that area bound by a line begin- 
ning at a point on shore 35° 19' 58" 
N - 76° 37' 33" W; running 291° 
(M) 300 yards to a point 35° 19' 
57" N - 76° 37' 21" W; thence 
parallel to the shoreline no more 
than 300 yards from shore to a point 
35° 18' 16" N - 76° 37' 16" W; 
thence 292° (M) to a point on the 
north shore of Snode Creek 35° 18' 
15" N - 76° 37' 27" W. 

(iii) In that area bound by a line begin- 
ning at a point at the mouth of 
Goose Creek 35° 19' 59" N - 76° 
36' 41" W; running 348° (M) to 
Green Daymarker No. 5; thence 
south parallel to the shoreline no 
more than 300 yards from shore to a 
point 35° 18' 12" N - 76° 37' 07" 
W; thence 112° (M) to Store Point 
35° 18' 09" N - 76° 36' 57" W. 

(iv) Between the line from Store Point to 
Snode Creek and a line beginning at 
a point on Long Neck Point running 
264° (M) through Beacon No. 15 to 
Huskie Point from the shoreline to 
no more than 150 yards from shore, 
(v) All coastal waters southeast of the 
line from Long Neck Point through 
Beacon No. 15 to Huskie Point. 

(vi) Campbell Creek - west of a line 
from a point on Huskie Point 35° 
17' 00" N - 76° 37' 06" W running 
004° (M) to Pasture Point 35° 17' 
20" N - 76° 37' 08" W, to the In- 
land-Commercial line. 

(D) All coastal waters bound by a line begin- 
ning on Reed Hammock 35° 20' 24" N 
-76° 36' 51" W running 171° (M) to a 
point 35° 20' 16" N - 76° 36' 47" W; 
thence 100° (M) 800 yards to Red 
Daymarker No. 4; thence 322° (M) 1200 
yards to a point 35° 20' 40" N - 76° 36' 
48" W; thence westerly parallel to the 
shoreline at a distance of 300 yards to a 
point in Bond Creek 35° 20' 40" N - 76° 
41' 37" W; thence 199° (M) to a point on 
the south shore of Muddy Creek 35° 20' 
18" N - 76° 41' 34" W, including all 
waters of Muddy Creek up to the In- 
land-Coastal boundary line. 

(E) Along the west shore of Bond Creek from 
Fork Point to the Coastal-Inland boundary 
line from the shoreline to no more than 50 
yards from shore. 

(F) All coastal waters of South Creek upstream 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



898 



PROPOSED RULES 



of a line beginning at a point on Fork Point 
35° 20' 45" N - 76° 41' 47" W running 
017° (M) to a point on Hickory Point 35° 
21' 44" N - 76° 41' 36" W. 

(G) In that area bound by a line beginning at a 
point at the six foot depth contour south of 
Hickory Point 35° 21' 33" N - 76° 41' 39" 
W; thence easterly following the six foot 
depth contour to a point off the east end of 
Indian Island 35° 21' 42" N - 76° 38' 04" 
W; thence 270° (M) to a point on the east 
end of Indian Island 35° 21' 38" N - 76° 
38' 36" W; thence following the shoreline 
of Indian Island to a point on the west end 
35° 21' 37" N - 76° 39' 40" W; thence 
293° (M) toward Daymarker No. 1 to a 
point at the six foot depth contour 35° 21' 
46" N - 76° 40' 16" W: thence following 
the six foot depth contour in a westerly 
direction to a point off Long Point 35° 22' 
42" N - 76° 42' 44" W; thence 233° (M) 
to a point on shore 35° 22' 24" N - 76° 
43' 05" W. 

(H) Beginning at a point on shore near Lxing 
Point 35° 22' 29" N - 76° 43' 25" W, 
running 001° (M) to a point 300 yards 
offshore 35° 22' 39" N - 76° 43' 26" W; 
thence westerly parallel to the shoreline at 
a distance of 300 yards to a point 35° 22' 
39" N - 76° 43' 59" W; thence 209° (M) 
to a point on shore 35° 22' 30" N - 76° 
44' 03" W. 
(I) Beginning at a point on shore 35° 22' 30" 
N -76° 44' 27" W, running 355° (M) to a 
point offshore 35° 22' 40" N - 76° 44' 31" 
W; thence westerly parallel to the shoreline 
at a distance of 300 yards to a point 35° 
22' 53" N - 76° 45''00" W; thence run- 
ning 251° (M) to a point on shore 35° 22' 
46" N - 76° 45' 14" W. 
(J) Beginning at a point on shore 35° 22' 54" 
N -76° 45' 43" W; running 003° (M) to a 
point offshore 35° 23' 03" N - 76° 45' 43" 
W; thence westerly parallel to the shoreline 
at a distance of 300 yards to the intersec- 
tion of a line beginning on the north shore 
at Gum Point 35° 25' 09" N - 76° 45' 33" 
W; running 210° (M) to a point on the 
south shore 35° 23' 28" N - 76° 46' 26" 
W. 

(K) AH coastal waters west of a line beginning 
on the north shore at Gum Point 35° 25' 
09" N - 76° 45' 33" W running 210° (M) 
to a point on the south shore 35° 23' 28" 
N - 76° 46' 26" W. 

(L) On the north side of Pamlico River bound 
bv a line beainnino at the intersection of 



the line fiom Gum Point to the south shore 
500 yards from shore 35° 24' 55" N - 76° 
45' 39" W running easterly parallel to the 
shoreline at a distance of 500 yards to a 
point at the six foot contour near Adams 
Point 35° 23' 08" N - 76° 35' 59" W. 
(M) All waters and tributaries of North Creek 

except the marked navigation charmel. 
(N) In that area bound by a line beginning at a 
point at the six foot contour near Adams 
Point 35° 23' 08" N - 76° 35' 59" W 
running westerly following the six foot 
depth contour to a point off Wades Point 
35° 23' 28" N - 76° 34' 09" W. 
(O) Pungo River: 

(i) Bound by a line beginning at Wades 
Point 35° 23' 16" N - 76° 34' 30" 
W running 059° (M) to a point at 
the six foot depth contour, 35° 23' 
28" N - 76° 34' 09" W; thence 
northerly following the six foot 
depth contour to a point near Beacon 
No. 3 35° 25' 44" N - 76° 34' 46" 
W; thence 272° (M) 950 yards to a 
point on shore 35° 25' 41" N - 76° 
35' 22" W. 
(ii) Bound by a line beginning at a point 
on shore 35° 25' 50" N - 76° 35' 
37" W running 050° (M) 1150 yards 
to a point at 35° 26' 17" N - 76° 
35' 10" W; thence northerly follow- 
ing the six foot depth contour to a 
point 35° 26' 54" N - 76° 36' 09" 
W; thence 314° (M) 350 yards to a 
point on shore 35° 27' 00" N - 76° 
36' 20" W. 
(iii) Bound by a line beginning at a point 
on shore 35° 27' 14" N - 76° 36' 
26" W running 077° (M) 800 yards 
to a point 35° 27' 23" N - 76° 36' 
02" W; thence northerly following 
the six foot depth contour to a point 
off Windmill Point 35° 30' 50" N - 
76° 38' 09" W; thence 076° (M) to 
a point 200 yards west of 
Daymarker No. 3 35° 31' 21" N - 
76° 36' 37" W; thence 312° (M) to 
a point at the "Breakwater" 35° 31' 
36" N - 76° 37' 05" W. 
(iv) All coastal waters bound by a line 
beginning at a point at the "Break- 
water" 200 yards northeast of Bea- 
con No. 6 35° 31' 47" N - 76° 36' 
51" W running 132° (M) to a point 
200 yards from Daymarker No. 4 
35° 31' 31" N - 76° 36' 21" W; 
thence running 102° (M) to a point 



899 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



35° 31' 28" N - 76° 35' 59" W; 
thence running 010° (M) to Beacon 
No. 1; thence running 045° (M) 700 
yards to a point on shore 35° 32' 
22" N - 76° 35' 42" W. 
(v) AH coastal waters north and east of 
a line beginning at a point on shore 
west of Lower Dowry Creek 35° 32' 
25" N - 76° 35' 07" W running 
177° (M) 1950 yards to a point 200 
yards north of Daymarker No. 1 1 
35° 31' 31" N - 76° 35' 06" W; 
thence easterly parallel to the 
marked navigation channel at a dis- 
tance of 200 yards to a point on the 
shore northwest of Wilkerson Creek 
35° 33' 13" N - 76° 27' 36" W. 

(vi) All coastal waters south of a line 
beginning on shore south of 
Wilkerson Creek 35° 33' 02" N - 
76° 27' 20" W running westerly 
parallel to the marked navigation 
channel at a distance of 200 yards to 
a point southeast of Daymarker No. 
14 35° 31' 05" N - 76° 32' 34" W; 
thence running 208° (M) to a point 
on shore 35° 30' 28" N - 76° 32' 
47" W. 

(vii) All coastal waters bound by a line 
beginning on shore east of Durants 
Point 35° 30' 29" N - 76° 33' 25" 
W running 347° (M) to a point 
southwest of Daymarker No. 12 35° 
31' 08" N - 76° 33' 53" W; thence 
westerly parallel to the marked navi- 
gation channel at a distance of 200 
yards to a point south of Beacon No. 
10 35° 31' 08" N - 76° 35' 35" W; 
thence running 185° (M) to a point 
at the six foot depth contour between 
Beacon No. 8 and the eastern shore 
of Pungo River 35° 30' 08" N - 76° 
35' 28" W; thence following the six 
foot depth contour to a pwint 35° 28' 
09" N - 76° 33' 43" W; thence 
127° (M) to a point on shore 35° 
28' 00" N - 76° 33' 25" W; thence 
159° (M) to a point at the six foot 
depth contour 35° 27' 40" N - 76° 
33' 12" W including the waters of 
Slades Creek and its tributaries; 
thence 209° (M) to a point on shore 
35° 27' 22" N - 76° 33' 21" W; 
thence 272° (M) to a point at the six 
foot depth contour 35° 27' 18" N - 
76° 33' 53" W; thence southerly 
following the six foot depth contour 



to a point south of Sandy Point 35° 
26' 35" N - 76° 33' 50" W; thence 
087° (M) to a point on shore 35° 
26' 38" N - 76° 33' 34" W. 
(viii) In that area bound by a line begin- 
ning at a point on shore 35° 26' 20" 
N - 76° 33' 18" W running 176° 
(M) to a point at the six foot depth 
contour 35° 26' 05" N - 76° 33' 
13" W; thence southerly following 
the six foot depth contour throughout 
Fortescue Creek to a point off For- 
tescue Creek 35° 25' 44" N - 76° 
32' 09" W; thence 145° (M) to a 
point on shore 35° 25' 36" N - 76° 
32' 01" W. 
(ix) In that area bound by a line begin- 
ning at a point on shore 35° 25' 20" 
N - 76° 32' 01" W runnmg 258° 
(M) to a point at the six foot depth 
contour 35° 25' 17" N - 76° 32' 
18" W; thence following the six foot 
depth contour to the intersection of 
the line from a point 500 yards west 
of Currituck Point 35° 24' 30" N - 
76° 32' 42" W; thence southeasterly 
parallel to the shoreline and includ- 
ing Abel Bay at a distance of 500 
yards to a point at the intersection of 
the line from Pamlico Point to Wil- 
low Point 35° 22' 09" N - 76° 28' 
48" W. 
(6) In Bay River west of a line beginning at a point 
on Maw Point 35° 09' 02" N - 76° 32' 09" W 
running 022° (M) to a point on Bay Point 35° 11' 
02" N - 76° 31' 34" W, pots may be used in the 
following areas: 

(A) In that area begirming at a point on Maw 
Point 35° 09' 02" N - 76° 32' 09" W; 
running 018° (M) to Green Daymarker No. 
1 ; thence 223 ° (M) to a point on shore in 
Fisherman Bay 35° 09' 18" N - 76° 32' 
23" W. 

(B) In Fisherman Bay bound by a line begin- 
ning at a point on the shore west of Maw 
Point 35° 09' 18" N - 76° 33' 02" W; 
thence 351° (M) 3200 yards to lighted 
Beacon No. 3 in Bay River; thence 230° 
(M) 1200 yards to a point on the shore 35° 
10' 24" N - 76° 34' 00" W. 

(C) In that area bound by a line beginning at a 
point on the east shore at the mouth of 
Bonners Bay 35° 10' 05" N - 76° 35' 18" 
W; thence 306° (M) 300 yards to a point in 
Bay River, 35° 10' 10" N - 76° 35' 30" 
W; thence parallel to the shoreline no more 
than 300 yards from shore to a point in 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



900 



PROPOSED RULES 



Bay River 35° 10' 40" N - 76° 34' 42" W; 
thence 188° (M) to a point on shore 35° 
10' 27" N - 76° 34' 42" W. 

(D) In Bonner Bay bound by a line beginning at 
a point on the east shore 35° 10' 05" N - 
76° 35' 18" W running 306° (M) 200 
yards to a point 35° 10' 09" N - 76° 35' 
25" W; thence parallel to the shoreline no 
more than 200 yards offshore to a point 
35° 09' 16" N - 76° 35' 18" W; thence 
097° (M) 200 yards to a point on shore 
35° 09' 16" N - 76° 35' 13" W. 

(E) In Bonner Bay, Spring Creek and Long 
Creek south of a line beginning at a point 
on the east shore 35° 09' 16" N - 76° 35' 
13" W running 274° (M) to a point on the 
west shore 35° 09' 14" N - 76° 35' 43" 
W. 

(F) In Bonner Bay bound by a line beginning at 
a point on the west shore 35° 09' 14" N - 
76° 35' 44" W running 094° (M) 100 
yards to a point 35° 09' 13" N - 76° 35' 
39" W; thence parallel to the shoreline no 
more than 100 yards offshore to a point in 
Riggs Creek 35° 09' 15" N - 76° 36' 08" 
W; thence 142° (M) to a point on shore 
35° 09' 13" N - 76° 36' 08" W. 

(G) In that area bound by a line beginning on 
the south shore of Bay River west of Bell 
Point 35° 09' 40" N - 76° 40' 00" W, 
running 314° (M) to a point 200 yards 
offshore 35° 09' 43" N - 76° 40' 06" W; 
thence no more than 200 yards from the 
shoreline to a point 35° 09' 53" N - 76° 
36' 45" W; thence 102° (M) to a point 35° 
09' 50" N - 76° 35' 54" W; thence 181° 
(M) to a point 35° 09' 36" N - 76° 35' 
51" W; thence 237° (M) to a point in 
Riggs Creek 35° 09' 18" N - 76° 36' 12" 
W; thence 322° (M) to a point on shore at 
the mouth of Riggs Creek 35° 09' 21" N - 
76° 36' 18" W. 

(H) In that area on the south side of Bay River 
bound by a line beginning at a point on 
shore at the confluence of Bay River and 
Trent Creek 35° 08' 27" N - 76° 43' 12" 
W running 016° (M) 150 yards to a point 
35° 08' 31" N - 76° 43' 11" W; thence no 
more than 150 yards from shore to a point 
35° 08' 57" N - 76° 40' 19" W; thence 
116° (M) to a point on shore at Moores 
Creek 35° 08' 57" N - 76° 40' 14" W. 
(1) In Bay River and Trent Creek west of a 
line beginning at a point on the south shore 
35° 08' 27" N - 76° 43' 12" W running 
016° (M) to a point on the north shore 35° 
08' 41" N - 76° 43' 09" W. 



(J) In that area on the north shore of Bay 
River bound by a line beginning at a point 
west of Vandemere Creek 35° 10' 53" N - 
76° 39' 42" W running 135° (M) 150 
yards to a point 35° 10' 52" N - 76° 39' 
39" W; thence no more than 150 yards 
from shore to a point at the confluence of 
Bay River and Trent Creek 35° 08' 37" N 

- 76° 43' 10" W; thence to a point on the 
north shore 35° 08' 39" N - 76° 43' 09" 
W. 

(K) In Vandemere Creek northeast of a line 
beginning at a point on the east shore 35° 
11' 04" N - 76° 39' 22" W running 315° 
(M) to a point on the west shore 35° U' 
12" N - 76° 39' 36" W. 

(L) Li that area bound by a line beginning at a 
point at the mouth of Vandemere Creek 
35° 11' 04" N - 76° 39' 22" W, running 
216° (M) 200 yards to a point in Bay River 
35° 10' 58" N - 76° 39' 25" W; thence 
parallel to the shoreline no more than 200 
yards from shore to a point in Bay River 
northwest of Beacon No. 4 35° 10' 40" N 

- 76° 36' 38" W; thence 344° (M) 200 
yards to a point on shore 35° 10' 45" N - 
76° 36' 42" W. 

(M) In that area bound by a line beginning at a 
point on Sanders Point 35° 11' 19" N - 
76° 35' 54" W; running 067° (M) 200 
yards to a point 35° 11' 23" N - 76° 35' 
47" W; thence following the shoreline no 
more than 200 yards from shore to a point 
In Bay River northwest of Beacon No. 4 
35° 10' 40" N - 76° 36' 38" W; thence 
344° (M) 200 yards to a point on the shore 
35° 10' 45" N - 76° 36' 42" W. 

(N) In that area beginning at a point on shore 
35° 11' 53" N - 76° 35' 54" W of a line 
running 170° (M) to a point 35° 11' 40" N 

- 76° 35' 51" W; thence parallel to the 
shoreline no more than 500 yards from 
shore to a point 35° 11' 57" N - 76° 35' 
05" W; thence running 344° (M) to a point 
on shore at the mouth of Gales Creek 35° 
12' 10" N - 76° 35' 12" W. 

(O) In that area bound by a line beginning at a 
point on shore at the mouth of Gale Creek 
35° 12" 08" N - 76° 34' 52" W. running 
278° (M) 200 yards to a point in Bay River 
35° 12' 08" N - 76° 35' 02" W; thence 
running parallel to the shoreline at a dis- 
tance of 200 yards to a point in Bay River 
35° 11' 32" N - 76° 33' 24" W; thence 
running 352° (M) 200 yards to a point on 
shore at Dump Creek 35° 11' 39" N - 76° 
33' 25" W. 



901 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



(P) In Gale Creek except the Intracoastal Wa- 
terway north of a line beginning at a point 
on the west shore 35° 12' 08" N - 76° 35' 
12" W running 098° (M) to a point on the 
west shore 35° 12' 08" N - 76° 34' 52" 
W. 
(Q) In an area bound by a line beginning at a 
point on the eastern shore at the mouth of 
Rockhole Bay 35° 11' 06" N - 76° 32' 11" 
W; thence 180° (M) 600 yards to a point in 
Bay River 35° 10' 49" N - 76° 32' 09" W; 
thence east with the five foot curve 1100 
yards to a point 35° 10' 36" N - 76° 31' 
30" W; thence 000° (M) 850 yards to a 
point on Bay Point 35° U' 02" N - 76° 
31' 34" W. 
(7) In the Neuse River and West Bay Area south and 
west of a line beginning at a point on Maw Point 
35° 09' 02" N - 76° 32' 09" W, running 137° 
(M) through the Maw Point Shoal Day Marker 
No. 2 and through the Neuse River Entrance 
Light to a point at the mouth of West Bay 35° 02' 
09" N - 76° 21' 53" W, pots may be set in the 
following areas: 

(A) All coastal fishing waters northwest of a 
line beginning at a point at the mouth of 
Slocum Creek 34° 57' 02" N - 76° 53' 42" 
W, running 029° (M) to a point at the 
mouth of Beards Creek 35° 00' 08" N - 
76° 52' 13" W. Pots may also be set in 
coastal fishing waters of Goose Bay and 
Upper Broad Creek. 

(B) In that area bound by a line beginning at a 
point on the north shore at Mill Creek 34° 
59' 34" N - 76° 51' 06" W; thence run- 
ning 223° (M) approximately 300 yards 
into the river to a point 34° 59' 25" N - 
76° 51' 14" W; thence along the six foot 
depth curve southeast to a point at the rock 
jetty 34° 58' 06" N - 76° 49' 14" W; 
thence 016° (M) approximately 300 yards 
to a point on the shore 34° 58' 17" N - 
76° 49' 12" W. 

(C) In that area bound by a line beginning at a 
point on the north shore approximately 500 
yards west of Pierson Point 34° 58' 32" N 

- 76° 46' 38" W; thence runnmg 171° (M) 
approximately 300 yards into the river to a 
point 34° 58' 24" N - 76° 46' 34" W; 
thence east and northeast along the six foot 
curve to a point in the river 34° 58' 47" N 

- 76° 45' 39" W; thence 330° (M) approxi- 
mately 700 yards to a point on the shore 50 
yards west of an existing pier 34° 59' 04" 
N - 76° 45' 54" W. 

(D) In that area bound by a line beginning at a 
point on the north shore east of Dawson 



Creek Bridge 34° 59' 34" N - 76° 45' 12" 
W; thence running 244° (M) approximately 
500 yards to Day Marker No. 4 (entrance 
to Dawson Creek Channel); thence running 
east 117° (M) to a point 34° 59' 22" N - 
76° 45' 19" W; thence east and northeast 
along the six foot curve to a point 50 yards 
west of Day Marker No. 3 (channel to 
Oriental) 35° 01' 02" N - 76° 41' 51" W; 
thence 303° (M) approximately 600 yards 
to a point on the eastern tip of Windmill 
Point 35° or 10" N - 76° 42' 08" W. 

(E) In Greens Creek (Oriental) west of a line at 
the confluence of Greens and Kershaw 
Creeks beginning at a point on the south 
shore 35° 01' 28" N - 76° 42' 55" W 
running (X)5° (M) to a point on the north 
shore 35° 01' 38" N - 76° 42' 54" W, no 
more than 75 yards from the shoreline east 
of this line to the Highway 55 bridge. 

(F) In that area bound by a line beginning at a 
point on Whittaker Point 35° 01' 37" N - 
76° 40' 56" W; thence running 192° (M) 
approximately 500 yards to a point in the 
river 35° 01' 23" N - 76° 40' 57" W; 
thence along the six foot depth curve north- 
east to a point in the river off Orchard 
Creek 35° 03' 18" N - 76° 37' 53" W; 
thence 280° (M) approximately 900 yards 
to a point on the eastern tip of Cockle 
Point 35° 03' 20" N - 76° 38' 27" W. 

(G) In that area bound by a line beginning at a 
point on the north shore near the mouth of 
Orchard Creek 35° 03' 38" N - 76° 37' 
54" W running 177° (M) approximately 
400 yards to a point 35° 03' 27" N - 76° 
37' 54" W; thence along the six foot depth 
curve to a point eastward; thence 174° (M) 
600 yards to a point on the north shore 35° 
03' 56" N - 76° 36' 42" W. 

(H) In that area bound by a line begitming at a 
f)oint on the north shore approximately 400 
yards south of Gum Thicket Creek 35° 04' 
12" N - 76° 36' 11" W; thence running 
132° (M) approximately 600 yards to a 
point 35° 03' 55" N - 76° 35' 48" W; 
thence along the six foot depth curve east- 
ward to a point 35° 04' 10" N - 76° 34' 
37" W; thence 304° (M) to a point on the 
shore 4(K) yards north of Gum Thicket 
Creek 35° 04' 38" N - 76° 35' 42" W. 
(I) In Lower Broad Creek west of a line run- 
ning 188° (M) through Red Day Marker 
No. 4. No more than 150 yards from 
shore between a line running 188° (M) 
through Red Day Marker No. 4 and a line 
running 228° (M) through Green Marker 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



902 



PROPOSED RULES 



No. 3. Pots may not be set in Burton 
Creek. 

(J) Piney Point Shoal Area, in that area bound 
by a line beginning at a point on the north 
side of a creek (locally known as Wadln or 
Persimmon Creek) 35° 07' 17" N - 76° 
33' 26" W running 115° (M) approxi- 
mately 300 yards to a point near the six 
foot depth curve 35° 07' 15" N - 76° 33' 
16" W; thence south and southeast along 
the six foot depth curve to a point east of 
the old lighthouse 35° 05' 17" N - 76° 32' 
42" W; thence 288° (M) through the old 
lighthouse to a point on shore north of Red 
Day Marker No. 2 at the mouth of Broad 
Cr^k 35° 05' 42" N - 76° 35' 18" W. 

(K) In that area bound by a line beginning at a 
point on the south shore of Maw Bay 35° 
08' 32" N - 76° 32' 38" W; thence run- 
ning 114° (M) to Maw Point Shoal Day 
Marker No. 2; thence 317° (M) to Maw 
Point 35° 08' 55" N - 76° 32' 1 1" W. 

(L) In that area east of Slocum Creek bound by 
a line beginning at a point 34° 57' 02" N 

- 76° 53' 42" W; thence running 029° (M) 
approximately 1100 yards to a point 34° 
57' 32" N - 76° 53' 28" W; thence along 
the six foot curve to a point 34° 56' 34" N 

- 76° 49' 38" W; thence 176° (M) approxi- 
mately 300 yards to a point 34° 56' 26" N 

- 76° 49' 35" W. 

(M) In that area bound by a line beginning at a 
point 34° 56' 22" N - 76° 49' 05" W, 
running 057° (M) approximately 1100 
yards to Day Marker "2" off Cherry Point; 
thence 097° (M) approximately 200 yards 
to a point 34° 56' 42" N - 76° 48' 27" W; 
thence along the six foot curve to a point 
34° 55' 10" N - 76° 45' 40" W; thence 
187° (M) approximately 400 yards to a 
pomt on Temple Point 34° 54' 58" N - 76° 
45' 40" W. 

(N) In that area southeast of a line beginning at 
a point at the mouth of Clubfoot Creek 34° 
55' 20" N - 76° 45' 09" W running 076° 
(M) to a point on shore 34° 55' 37" N - 
76° 44' 23" W. 

(O) In Clubfoot Creek south of a line beginning 
at a point on the east shore 34° 54' 30" N 

- 76° 45' 26" W, running 284° (M) to a 
point on the west shore 34° 54' 33" N - 
76° 45' 43" W. Pots may be set 50 yards 
from shore north of this line. 

(P) In that area bound by a line beginning at 
the western tip of Great Island 34° 55' 47" 
N - 76° 44' 50" W; thence running 275° 
(M) approximately 500 yards to a jx)int 34° 



55' 46" N - 76° 45' 07" W; thence 029° 
(M) approximately 1400 yards to a point 
34° 56' 24" N - 76° 44' 48" W; thence 
120° (M) to a point 34° 56' 06" N - 76° 
43' 59" W; thence 232° (M) to a point on 
Great Island 34° 55' 50" N - 76° 44' 17" 
W. 
(Q) In that area bound by a line beginning at a 
point west of Long Creek 34° 55' 38" N - 
76° 44' 18" W running 064° (M) to a 
point 34° 55' 57" N - 76° 43' 43" W; 
thence 138° (M) to a point on shore at the 
mouth of Great Neck Creek 34° 55' 50" N 

- 76° 43' 25" W. 

(R) In that area bound by a line beginning at a 
point at the mouth of Great Neck Creek 
34° 55' 50" N - 76° 43' 25" W. running 
318° (M) 750 yards to a point 34° 56' 04" 
N - 76° 43' 47" W; thence following the 
shoreline no more than 750 yards from 
shore to a point 34° 56' 50" N - 76° 43' 
11" W; thence 116° (M) 750 yards to a 
point on shore at Courts Creek 34° 56' 42" 
N - 76° 42' 46" W. 

(S) In that area bound by a line beginning at a 
point on Courts Creek 34° 56' 42" N - 76° 
42' 46" W, running 296° (M) 1000 yards 
to a point 34° 56' 52" N - 76° 43' 20" W; 
thence parallel with the shoreline no more 
than 1000 yards to a point 34° 57' 53" N 

- 76° 41' 59" W; thence 190° (M) 1000 
yards to a point on shore 34° 57' 24" N - 
76° 42' 00" W. 

(T) In that area bound by a line beginning at a 
point on shore, 34° 57' 24" N - 76° 42' 
00" W, running 010° (M) 500 yards to a 
point 34° 57' 38" N - 76° 42' 00" W; 
thence running parallel to the shoreline no 
more than 500 yards from shore to a point 
34° 57' 33" N - 76° 41' 00" W; thence 
179° (M) to a point 34° 57' 23" N - 76° 
40' 58" W; thence 260° (M) to a point on 
shore at the mouth of Adams Creek 34° 
57' 22" N - 76° 41' 10" W. 

(TJ) In that area bound by a line beginning at a 
p>oint on the northeast side of Adams Creek 
34° 57' 30" N - 76° 40' 36" W; thence 
278° (M) 225 yards offshore to a point 34° 
57' 30" N - 76° 40' 45" W; thence 359° 
(M) to a point off Winthrop Point 34° 58' 
26" N - 76° 40' 56" W; thence running 
056° (M) to a point off Cedar Point 34° 
59' 07" N - 76° 40' 04" W; thence 140° 
(M) to the shoreline on Cedar Point 34° 
58' 50" N - 76° 39' 41" W. 

(V) In that area bound by a line beginning at a 
point on Cedar Point 34° 58' 50" N - 76° 



903 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



39' 41" W, running 320° (M) 750 yards to 
a point 34° 59' 05" N - 76° 40' 01" W; 
thence parallel to the shoreline no more 
than 750 yards from shore to a point 34° 
59' 16" N - 76° 39' 31" W; thence 167° 
(M) to a point on shore 34° 58' 56" N - 
76° 39' 21" W. 
(W) Li that area bound by a line beginning at a 
point on shore 34° 58' 56" N - 76° 39' 
21" W running 347° (M) to a point 34° 
59' 03" N - 76° 39' 24" W; thence parallel 
to the shoreline no more than 200 yards 
from shore to a point 34° 59' 08" N - 76° 
38' 47" W; thence 184° (M) to a point on 
shore 34° 59' 01" N - 76° 35' 25" W. 
(X) In that area bound by a line beginning at a 
point west of Garbacon Creek 34° 59' 01" 
N - 76° 38' 43" W, running 004° (M) 750 
yards to a point 34° 59' 23" N - 76° 38' 
46" W; thence parallel with the shoreline 
no more than 750 yards from shore to a 
point off Browns Creek 35° 00' 20" N - 
76° 33' 45" W; thence 172° (M) to the 
shoreline on the west side of Browns Creek 
34° 59' 57" N - 76° 33' 35" W. 
(Y) In that area bound by a line begiiming at a 
point on shore at the mouth of Browns 
Creek 34° 59' 55" N - 76° 33' 29" W, 
running 352° (M) 750 yards to a point on 
35° 00' 22" N - 76° 33' 34" W; thence 
parallel to the shoreline no more than 750 
yards from shore to a point 35° 01' 45" N 
- 76° 29' 51" W; thence 162° (M) 750 
yards to a point on shore north of Cedar 
Bay Point 35° 01' 22" N - 76° 29' 34" W. 
(Z) In that area bound by a line beginning on 
the north side of Rattan Bay at a point on 
the shoreline 35° 03' 45" N - 76° 28' 32" 
W; thence running 316° (M) 600 yards 
offshore to a point 35° 03' 54" N - 76° 28' 
52" W; thence running parallel with the 
shoreline 600 yards offshore to a point 35° 
04' 09" N - 76° 26' 44" W; thence 239° 
(M) 600 yards to a point on shore 35° 04' 
57" N - 76° 27' 00" W. 
(AA) In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the 
mouth of Adams Creek and a line 
beginning at a point on the south 
shore of Cedar Creek 34° 55' 52" N 
- 76° 38' 49" W, running 297° (M) 
to a point on the west shore of Ad- 
ams Creek 34° 56' 03" N - 76° 39' 
27" W, no more than 200 yards 
from shore, 
(ii) Between a line beginning at a point 



at the mouth of Cedar Creek 34° 55' 
52" N - 76° 38' 49" W; running 
297° (M) to a point on the west 
shore of Adams Creek 34° 56' 03" 
N - 76° 39' 27" W, and a line be- 
ginning at a point on the east shore 
34° 54' 55" N - 76° 39' 36" W; 
running 280° (M) to a point on the 
west shore 34° 54' 55" N - 76° 40' 
01" W; no more than 300 yards 
from the west shore and 200 yards 
from the east shore. 

(iii) South of a line beginning at a point 
on the east shore 34° 54' 55" N - 
76° 39' 36" W, running 280° (M) to 
a point on the west shore 34° 54' 
55" N - 76° 40' 01" W, except in 
the marked navigation channel. 
(BB) In South River: 

(i) Southeast of a line beginning at a 
point on the southwest shore 34° 58' 
35" N - 76° 35' 25" W, running 
049° (M) through Red Flasher No. 
2 to a point on the northeast shore 
34° 59' 07" N - 76° 34' 52" W, no 
more than 200 yards from the shore- 
line. 

(ii) That area bound by a line begirming 
at a point on the southwest shore 
34° 58' 35" N - 76° 35' 25" W, 
running 049° (M) to Red Flasher 
No. 2; thence running 207° (M) to a 
point north of Hardy Creek 34° 58' 
13" N - 76° 35' 22" W; thence 
following the shoreline to the point 
of beginning. 
(CC) In Tumagain Bay: 

(i) Between a line running 077° (M) 
through Green Flasher No. 1 and a 
line beginning at a point on the east 
shore 34° 59' 04" N - 76° 29' 01" 
W; running 276° (M) to a point on 
the west shore 34° 59' 03" N - 76° 
29' 28" W, no more than 300 yards 
on the east shore and 100 yards on 
the west shore. 

(ii) Between a line beginning at a point 
on the east shore 34° 59' 04" N - 
76° 29' 01" W, running 276° (M) to 
a point on the west shore 34° 59' 
03" N - 76° 29' 28" W, and a line 
beginning at a point on the east 
shore 34° 57' 56" N - 76° 29' 25" 
W, running 275° (M) to a point on 
the west shore 34° 57' 58" N - 76° 
29' 44" W, no more than 150 yards 
from shore. 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



904 



PROPOSED RULES 



(DD) In West Bay - North Bay area: 

(i) In that area bound by a line begin- 
ning at a point 35° 02' 32" N - 76° 
22' 27" W; thence southwest 220° 
(M) to Marker No. 5 WB; thence 
southeast 161° (M) to a point in 
West Bay 35° 00' 34" N - 76° 21' 
50" W; thence southwest 184° (M) 
to Deep Bend Point 34° 58' 36" N - 
76° 21' 48" W; thence following the 
shoreline of West Bay and North 
Bay to a point 35° 02' 09" N - 76° 
21' 53" W; thence 317° (M) to the 
beginning point, 
(ii) In West Bay bound by a line begin- 
ning at a jxjLnt on shore 35° 03' 34" 
N - 76° 26' 24" W, running 033° 
(M) 100 yards to a point 35° 03' 
38" N - 76° 26' 23" W; thence 
parallel to the shoreline no more 
than 100 yards from shore to a point 
35° 00' 06" N - 76° 25' 24" W, 
running 278° (M) to a point on 
shore 35° 00' 06" N - 76° 25' 28" 
W. 
(ill) In West Bay bound by a line begin- 
ning at a point 35° 00' 06" N - 76° 
25' 28" W, running 098° (M) 500 
yards to a point 35° 00' 06" N - 76° 
25' 12" W; thence 171° (M) 2800 
yards to a point 34° 58' 45" N - 76° 
24' 42" W; thence 270° (M) 1400 
yards to a point on shore 34° 58' 
39" N - 76° 25' 22" W. 
(EE) In West Thorofare Bay and Merkle Bay 
south and southeast of a line beginning at a 
point in West Bay at Tump Point 34° 58' 
42" N - 76° 22' 49" W; thence southwest 
258° (M) to Marker Fl R15 ft. 3M 8 WB; 
thence southwest 203° (M) to Long Bay 
Point 34° 57' 52" N - 76° 24' 12" W. 
(FF) In Long Bay: 

(i) In that area bound by a line begin- 
ning at a point on the south side of 
Stump Bay in Long Bay 34° 57' 13" 
N - 76° 27' 12" W; running north- 
east 077° (M) across Stump Bay to 
a point 34° 57' 39" N - 76° 25' 51" 
W; thence 032° (M) to a point 34° 
58' 39" N - 76° 25' 22" W, follow- 
ing the shoreline to the beginning 
point, 
(ii) Southwest of a line beginning on the 
west shore 34° 57' 13" N - 76° 27' 
12" W. running 134° (M) to a point 
on the east shore at Swimming Point 
34° 56' 46" N - 76° 26' 26" W. 



(iii) In the area bound by a line begin- 
ning at a point on shore at Swim- 
ming Point 34° 56' 46" N - 76° 26' 
26" W, running 314° (M) 300 yards 
to a point 34° 56' 52" N - 76° 26' 
33" W; thence parallel to the shore- 
line no more than 300 yards from 
shore to a point 34° 58' 03" N - 76° 
24' 10" W; thence 203° (M) to 
Long Bay Point 34° 57' 52" N - 76° 
24' 12" W. 
(GG) Raccoon Island, on the northeast shore 
between a point on the northwest shore 35° 
04' 27" N - 76° 26' 16" W and a point on 
the southwest shore 35° 04' 00" N - 76° 
25' 33" W from the shoreline no more than 
150 yards from shore; on the south and 
west shores, no more than 50 yards from 
the shoreline. 

(8) Core Sound, Back Sound and the Straits and their 
tributaries. 

(9) North River: 

(A) In that area bound by a line beginning at a 
point on the shore on the east side of North 
River south of Goose Bay 34° 43' 35" N - 
76° 34' 55" W; thence running 252° (M) 
to a point in the river 34° 43' 28" N - 76° 
35' 14" W; thence runnmg 355° (M) to a 
point in the river 34° 45' 20" N - 76° 35' 
45" W; thence running 060° (M) to a point 
in the river 34° 45' 45" N - 76° 35' 04" 
W; thence running 165° (M) to a point on 
the shore at the mouth of South Leopard 
Creek 34° 45' 36" N - 76° 34' 59" W; 
thence with the shoreline to the point of 
begiiming. 

(B) In that area bound by a line beginning at a 
point on the west side of North River near 
Steep Pomt 34° 43' 40" N - 76° 37' 20" 
W; thence running 040° (M) to a point 34° 
44' 35" N - 76° 36' 36" W; thence run- 
ning 291° M 300 yards to a point 34° 44' 
37" N - 76° 36' 45" W; thence running 
219° (M) to a point 34° 44' 13" N - 76° 
37' 05" W; thence running 307° (M) to a 
point 34° 44' 16" N - 76° 37' 12" W; 
thence running 018° (M) to a point 34° 45' 
20" N - 76° 36' 56" W following the 
shoreline to the beginning point. 

(C) In that area of the North River marshes 
bound by a line beginning at Red Flasher 
No. "6" running 038° (M) along the south- 
east side of Steep Point Channel through 
Red Day Marker No. "8" to a point 34° 
44' 08" N - 76° 36' 52" W; thence 125° 
(M) to a point 34° 43' 48" N - 76° 36' 
08" W; thence 144° (M) to a point 34° 43' 



905 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



30" N - 76° 35' 47" W; thence 188° (M) 
to a point 34° 42' 23" N - 76° 35' 47" W; 
thence 221° (M) to Red Flasher No. "56"; 
thence 278° (M) to a point 34° 42' 14" N 

- 76° 36' 43" W; thence 346° (M) to a 
point 34° 42' 45" N - 76° 36' 58" W; 
thence 008° (M) to a pomt 34° 43' 14" N 

- 76° 36' 58" W; thence 318° (M) to the 
beginning point. 

(D) In the area north of a Une beginning on the 
east shore at 34° 46' 11" N - 76° 35' 13" 
W; thence running 270° (M) to a point on 
the west shore at 34° 46' 11" N - 76° 37' 
01" W. 

(10) Newport River: 

(A) In that area east and south of a line begin- 
ning at a point on the south shore 34° 45' 
30" N - 76° 43' 10" W; thence running 
026° (M) to a point on the north shore 
Newport River near Oyster Creek; thence 
following the shoreline to a point on the 
west bank of Core Creek at 34° 47' 05" N 

- 76° 41' 14" W; thence running 099° (M) 
through Marker "21" to a point on the east 
shore at 34° 47' 05" N - 76° 41' 10" W; 
thence following the shoreline southward to 
Gallant Point at 34° 44' 00" N - 76° 40' 
19" W; thence running 271° (M) to 
Marker "2" at 34° 43' 58" N - 76° 40' 
32" W; thence running 148° (M) to a point 
at 34° 43' 42" N - 76° 40' 05" W; thence 
running 182° (M) to a point at 34° 43' 21" 
N - 76° 40' 11" W at the Beaufort Cause- 
way; thence running west with U.S. High- 
way 70 and the shoreline as the southern 
border to the point of beginning. 

(B) In that area north and east west of a line 
beginning at Penn Point 34° 45' 44" N - 
76° 43' 35" W; thence running 022° (M) 
to a point on the north shore 34° 46' 47" N 

- 76° 43' 15" W near White Rock. 

(11) Bogue Sound: 

(A) In that area bound by a line beginning at a 
point 34° 40' 33" N - 77° 00' 48" W on 
the south shore of Bogue Sound at Archer 
Point running 014° (M) to Channel Marker 
No. 37 at 34° 41' 15" N - 77° 00' 43" W 
and in the east by the Atlantic Beach 
Bridge. 

(B) In that area north of the Intracoastal Water- 
way beginning at the Atlantic Beach Bridge 
and running parallel with the Intracoastal 
Waterway to the Highway 58 Bridge. 

(C) In that area east of the Atlantic Beach 
Bridge at 34° 43' 08" N - 76° 44' 12" W; 
thence 119° (M) to a point at Tar Landing 
Bay 34° 42' 30" N - 76° 42' 12" W; 



thence 191° (M) to a point on Bogue Banks 
341 42' OO: N ; 761 42' 15" Wi thence 
back to the Atlantic Beach Bridge. 

(12) Designated primary nursery areas in all coastal 
fishing waters which are listed in 15 A NCAC 3R 
.0003, except Burton Creek off Lower Broad 
Creek in Pamlico County. 

(13) West and south of the Highway 58 Bridge at 
Emerald Isle from May 1 through October 31 in 
areas and during such times as the Fisheries 
Director shall designate by proclamation. 

(b) It is unlawful to use pots from May 1 through 
October 31 in the areas described in Subparagraphs (b)(1) 
through (6) of this Rule except in accordance with 15A 
NCAC 3J .0301(a)(2)(B): 

(1) In Wy socking Bay: 

(A) Bound by a line beginning at a point on the 
south shore of Lone Tree Creek 35° 25' 
05" N - 76° 02' 05" W running 239° (M) 
1000 yards to a point 35° 24' 46" N - 76° 
02' 32" W; thence 336° (M) 2200 yards to 
a point 35° 25' 42" N - 76° 03' 16" W; 
thence 062° (M) 750 yards to a point on 
shore 35° 25' 54" N - 76° 02' 54" W; 
thence following the shoreline and the Lone 
Tree Creek primary nursery area Une to the 
beginning point; 

(B) Bound by a line beginning at a point on the 
south shore of Mt. Pleasant Bay 35° 23' 
07" N - 76° 04' 12" W running 083° (M) 
1200 yards to a point 35° 23' 17" N - 76° 
03' 32" W; thence 023° (M) 2400 yards to 
a point 35° 24' 35" N - 76° 04' 00" W; 
thence 299° (M) 1100 yards to point on 
shore 35° 24' 38" N - 76° 04' 48" W; 
thence following the shoreline and the 
Browns Island and Mt. Pleasant Bay pri- 
mary nursery area line to the begitming 
point; except {X)ts may be set no more than 
50 yards from the shoreline; 

(2) In Juniper Bay bound by a line beginning at a 
point on Juniper Bay Point 35° 20' 18" N - 76° 
13' 22" W running 275° (M) 2300 yards to a 
point 35° 20' 15" N - 76° 14' 45" W; thence 
007° (M) 2100 yards to Daymarker No. 3; thence 
040° (M) 1100 yards to a point on shore 35° 21' 
45" N - 76° 14' 24" W; thence following the 
shoreline and the Buck Creek primary nursery 
area line to the beginning point; 

(3) In Rose Bay bound by a line beginning at a point 
southwest of Swan Point 35° 23' 56" N - 76° 23' 
39" W running 288° (M) 1500 yards to a point 
35° 24' 03" N - 76° 24' 33" W; thence 162° (M) 
1650 yards to a point 35° 23' 19" N - 76° 24' 
04" W; thence 084° (M) 1350 yards to a point on 
shore 35° 23' 29" N - 76° 23' 17" W; thence 
following the shoreline to the beginning point; 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



906 



PROPOSED RULES 



(4) In Spencer Bay bound by a line beginning at a 
point on shore at Willow Point 35° 22' 26" N - 
76° 28' 00" W running 059° (M) 1700 yards to 
a point 35° 22' 57" N - 76° 27' 13" W; thence 
317° (M) 1500 yards to a point 35° 23' 25" N - 
76° 27' 57" W; thence 243° (M) 1300 yards to a 
point on shore 35° 23' 02" N - 76° 28' 35" W; 
thence following the shoreline to the beginning 
point; 

(5) In Bay River, beginning at a point on shore at 
Moore Creek 35° 08' 51" N - 76° 40' 14" W; 
running 296° (M) to a point 35° 08' 59" N - 76° 
50' 19" W; thence no more than 150 yards from 
shore to a point 35° 09' 43" N - 76° 40' 06" W; 
thence running 134° (M) to a point on shore west 
of Bell Point 35° 09' 40" N - 76° 40' 00" W; 

(6) In Neuse River: 

(A) Beginning at a point on shore north of 
Swin Creek 35° 07' 17" N - 76° 33' 26" 
W running 1 15° (M) to a point near the six 
foot depth contour 35° 07' 15" N - 76° 33' 
16" W; thence running 074° (M) to Beacon 
No. 2 at Maw Point Shoal; thence miming 
294° (M) to a point on shore 35° 08' 30" 
N - 76° 32' 36" W; thence following the 
shoreline to the beginning point 35° 07' 
17" N - 76° 33' 26" W; 

(B) Beginning at a point on shore north of Gum 
Thkket Creek 35° 04' 40" N - 76° 35' 
38" W; thence running 129° (M) to a point 

- 35° 04' 12" N - 76° 34' 37" W; thence 
running 355° (M) to Beacon No. 1 in 
Broad Creek; thence running the six foot 
contour line to Green Marker No. 3; 

(C) Beginning at a point on the eastern tip of 
Cockle Point 35° 03' 20" N - 76° 38' 27" 
W; thence running 100° (M) to a point 35° 
03' 18" N - 76° 37' 53" W; thence run- 
ning 005° (M) to a point on shore 35° 03' 
38" N - 76° 37' 54" W; thence following 
the primary nursery area line to the begin- 
ning point 35° 03' 20" N - 76° 38' 27" W; 

(D) Beginning at a point on shore on the east- 
em side of the MBYB channel 34° 58' 16" 
N - 76° 49' 05" W running 186° (M) to a 
point on the six foot depth contour 34° 58' 
07" N - 76° 49' 05" W; thence following 
the six foot depth contour to a point 34° 
58' 24" N - 76° 46' 34" W; thence run- 
ning 351° (M) to a point on shore 34° 58' 
32" N - 76° 46' 38" W; 

(E) Beginning at a point on shore at Beards 
Creek 35° 00' 08" N - 76° 52' 13" W; 
thence running 209° (M) to a point 34° 59' 
52" N - 76°^52' 20" W; thence running 
along the six foot depth contour to a point 
34° 59' 25" N - 76° 51' 14" W; thence 



nmning 043° (M) to a point on shore at 
Mill Creek 34° 59' 34" N - 76° 51' 06" 
W. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Resources Com- 
mission intends to amend rules cited as 15 A NCAC 7H 
.0208, .0306, .1104, .1202, .1204- .1205, .1304, .1404, 
.1504, .1704, .1804, .1904, .2004, .2104; 7K .0203. 
Notice of Rule-making Proceedings was published in the 
Register on May 15, 1996. 

Proposed Effective Date: April 1 , 1997 

A Public Hearing will be conducted at 4:00 p.m. on 
September 26, 1996 at Sea Trail Plantation &. Golf Resort, 
211 Clubhouse Road, Sunset Beach, NC 28468. 

Reason for Proposed Action: 

15A NCAC 7H .0208, .1202, .1204 - .1205; 7K .0203 - An 

examination of the current rules and the development they 
will allow has been presented to the NC Coastal Resources 
Commission. The Commission will consider amending its 
rules regarding pier construction to better address the 
impacts that can occur from that type of development. 
Amendments to the rules are necessary to lessen procedural 
problems and the various impacts associated with pier 
construction. Potential amendments are to the size of 
structure that can be built and the procedures necessary to 
receive approval for construction. 

ISA NCAC 7H .0306 - This Rule is being amended in 
response to objections made by the Rules Review Commis- 
sion. The rule involved is broadly worded to apply to all 
types of dexelopment on the oceanfront. The proposed 
amendment has been more clearly worded — by deleting 
wording which is considered unnecessary. 
ISA NCAC 7H .1104, .1304, .1404, .1504, .1704, .1804, 
.1904, .2004, .2104 - Existing general permits all have 
clauses explaining the discretion staff has to withhold using 
a general permit to approve development upon finding the 
potential for significant impacts to the environment , historic 
resources, etc. The Rules Review Commission has objected 
to current wording of the paragraphs providing such 
discretion and is asking that the rules be more clearly 
worded. Tlie proposed changes will provide that clarity. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearings. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than October 3, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearings. Additional information concerning 



907 



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11:11 



PROPOSED RULES 



the hearings or the proposals may be obtained by contacting 
Preston Pate, Assistant Director, EHNR Division of Coastal 
Management, PO Box 769, Morehead City, NC 28557, 
(919) 726-7021. 

Fiscal Note: These Rules do not ajfect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0200 - THE ESTUAREVE SYSTEM 

.0208 USE STANDARDS 

(a) General Use Standards 

(1) Uses which are not water dependent will not be 
permitted in coastal wetlands, estuarine waters, 
and public trust areas. Restaurants, residences, 
apartments, motels, hotels, trailer parks, private 
roads, factories, and parking lots are examples of 
uses that are not water dependent. Uses that are 
water dependent may include: utility easements; 
docks; wharfs; boat ramps; dredging; bridges and 
bridge approaches; revetments, bulkheads; cul- 
verts; groins; navigational aids; mooring pilings; 
navigational channels; simple access channels and 
drainage ditches. 

(2) Before being granted a permit by the CRC or 
local jjermitting authority, there shall be a finding 
that the applicant has complied with the following 
standards: 

(A) The location, design, and need for develop- 
ment, as well as the construction activities 
involved must be consistent with the stated 
management objective. 

(B) Before receiving approval for location of a 
use or development within these AECs, the 
permit-letting authority shall find that no 
suitable alternative site or location outside 
of the AEC exists for the use or develop- 
ment and, further, that the applicant has 
selected a combination of sites and design 
that will have a minimum adverse impact 
upon the productivity and biologic integrity 
of coastal marshland, shellfish beds, beds 
of submerged aquatic vegetation, spawning 
and nursery areas, important nesting and 
wintering sites for waterfowl and wildlife, 
and important natural erosion barriers 
(cypress fringes, marshes, clay soils). 

(C) Development shall not violate water and air 
quality standards. 

(D) Development shall not cause major or 



irreversible damage to valuable documented 
archaeological or historic resources. 

(E) Development shall not measurably increase 
siltation. 

(F) Development shall not create stagnant 
water bodies. 

(G) Development shall be timed to have mini- 
mum adverse significant affect on life 
cycles of estuarine resources. 

(H) Development shall not impede navigation 
or create undue interference with access to, 
or use of, public trust areas or estuarine 
waters. 

(3) When the proposed development is in conflict 
with the general or specific use standards set forth 
in this Rule, the CRC may approve the develop- 
ment if the applicant can demonstrate that the 
activity associated with the proposed project will 
have public benefits as identified in the findings 
and goals of the Coastal Area Management Act, 
that the pubUc benefits clearly outweigh the long 
range adverse effects of the project, that there is 
no reasonable and prudent alternate site available 
for the project, and that all reasonable means and 
measures to mitigate adverse impacts of the 
project have been incorporated into the project 
design and will be implemented at the applicant's 
expense. These measures taken to mitigate or 
minimize adverse impacts may include actions that 
will: 

(A) minimize or avoid adverse impacts by 
limiting the magnitude or degree of the 
action; 

(B) restore the affected environment; or 

(C) compensate for the adverse impacts by 
replacing or providing substitute resources. 

(4) Primary nursery areas are those areas in the 
estuarine system where initial post larval develop- 
ment of finfish and crustaceans takes place. They 
are usually located in the uppermost sections of a 
system where populations are uniformly early 
juvenile stages. They are officially designated 
and described by the N.C. Marine Fisheries 
Commission in 15A NCAC 3B .1405 and by the 
N.C. Wildlife Resources Commission in 15A 
NCAC IOC .0110. 

(5) Outstanding Resource Waters are those estuarine 
waters and public trust areas classified by the 
N.C. Environmental Management Commission 
pursuant to Title 15 A, Subchapter 2B .0216 of the 
N.C. Administrative Code as Outstanding Re- 
source Waters (ORW) upon finding that such 
waters are of exceptional state or national recre- 
ational or ecological significance. In those estua- 
rine waters and public trust areas classified as 
ORW by the Environmental Management Com- 
mission (EMC), no permit required by the Coastal 



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September 3, 1996 



908 



PROPOSED RULES 



Area Management Act will be approved for any 
project which would be inconsistent with applica- 
ble use standards adopted by the CRC, EMC, or 
Marine Fisheries Commission (MFC) for estua- 
rine waters, public trust areas, or coastal 
wetlands. For development activities not covered 
by specific use standards, no permit will be issued 
if the activity would, based on site specific infor- 
mation, materially degrade the water quality or 
outstanding resource values imless such degrada- 
tion is temporary. 

(6) Beds of submerged aquatic vegetation (SAV) are 
those habitats in public trust and estuarine waters 
vegetated with one or more species of submergent 
vegetation. These vegetation beds occur in both 
subtidal and intertidal zones and may occur in 
isolated patches or cover extensive areas. In 
either case, the bed is defined by the presence of 
above-ground leaves or the below-ground rhi- 
zomes and propagules. In defining SAVs, the 
CRC recognizes the Aquatic Weed Control Act of 
1991 (G.S. 113A-220 et. seq.) and does not 
intend the SAV definition and its implementing 
rules to apply to or conflict with the 
non-development control activities authorized by 
that Act. 
(t) Specific Use Standards 

(1) Navigation channels, canals, and boat basins must 
be aligned or located so as to avoid primary 
nursery areas highly productive shellfish beds, 
beds of submerged aquatic vegetation, or signifi- 
cant areas of regularly or irregularly flooded 
coastal wetlands. 

(A) Navigation channels and canals may be 
allowed through narrow fringes of regularly 
and irregularly flooded coastal wetlands if 
the loss of wetlands will have no significant 
adverse impacts on fishery resources, water 
quality or adjacent wetlands, and, if there 
is no reasonable alternative that would 
avoid the wetland losses. 

(B) All spoil material from new construction 
shall be confined landward of regularly and 
irregularly flooded coastal wetlands and 
stabilized to prevent entry of sediments into 
the adjacent water bodies or marsh. 

(C) Spoil from maintenance of channels and 
canals through irregularly flooded wetlands 
shall be placed on non-wetland areas, 
remnant spoil piles, or disposed of by an 
acceptable method having no significant, 
long term wetland impacts. Under no 
circumstances shall spoil be placed on 
regularly flooded wetlands. 

(D) Widths of the canals and channels shall be 
the minimum required to meet the appli- 
cant's needs and provide adequate water 



circulation. 
(E) Boat basin design shall maximize water 
exchange by having the widest possible 
opening and the shortest practical entrance 
canal. Depths of boat basins shall decrease 
from the waterward end inland. 
(¥) Any canal or boat basin shall be excavated 
no deeper than the depth of the connecting 
channels. 
(G) Canals for the purpose of multiple residen- 
tial development shall have: 
(i) no septic tanks unless they meet the 
standards set by the Environmental 
Management Commission and the 
Commission of Health Services; 
(ii) no untreated or treated point source 

discharge; 
(iii) storm water routing and retention 
areas such as settling basins and 
grassed swales. 
(H) Construction of finger canal systems will 
not be allowed. Canals shall be either 
straight or meandering with no right angle 
comers. 
(I) Canals shall be designed so as not to create 
an erosion hazard to adjoining property. 
Design may include buUcheading, vegetative 
stabilization, or adequate setbacks based on 
soil characteristics. 
(J) Maintenance excavation in canals, channels 
and boat basins within primary nursery 
areas and beds of submerged aquatic vege- 
tation shall be avoided. However, when 
essential to maintain a traditional and estab- 
lished use, maintenance excavation may be 
approved if the applicant meets all of the 
following criteria as shown by clear and 
convincing evidence accompanying the 
permit application. This Rule does not 
affect restrictions placed on permits issued 
after March 1, 1991. 
(i) The applicant demonstrates and doc- 
uments that a water-dependent need 
exists for the excavation; and 
(ii) There exists a previously permitted 
channel which was constructed or 
maintained under permits issued by 
the State or Federal government. If 
a natural channel was in use, or if a 
human-made channel was con- 
structed before jjermitting was neces- 
sary, there must be clear evidence 
that the channel was continuously 
used for a specific purpose; and 
(iii) Excavated material can be removed 
and placed in a disposal area without 
significantly impacting adjacent nurs- 



909 



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September 3, 1996 



11:11 



PROPOSED RULES 



ery areas and beds of submerged 
aquatic vegetation; and 
(iv) The original depth and width of a 
human-made or natural channel will 
not be increased to allow a new or 
expanded use of the channel. 

(2) Hydraulic Dredging 

(A) The terminal end of the dredge pipeline 
shall be positioned at a distance sufficient 
to preclude erosion of the containment dike 
and a maximum distance from spillways to 
allow settlement of suspended solids. 

(B) Dredge spoil must be either confined on 
high ground by retaining structures or if 
the material is suitable, deposited on 
beaches for purposes of renourishment, 
with the exception of Part (b)(2)(G) of this 
Rule. 

(C) Confinement of excavated materials shall 
be on high ground landward of regularly 
and irregularly flooded marshland and with 
adequate soil stabilization measures to 
prevent entry of sediments into the adjacent 
water bodies or marsh. 

(D) Effluent from diked areas receiving dis- 
posal from hydraulic dredging operations 
must be contained by pipe, trough, or 
similar device to a point waterward of 
emergent vegetation or, where local condi- 
tions require, below mean low water. 

(E) When possible, effluent from diked dis- 
posal areas shall be returned to the area 
being dredged. 

(F) A water control structure must be installed 
at the intake end of the effluent pipe. 

(G) PubUcly funded projects will be considered 
by review agencies on a case-by-case basis 
with respect to dredging methods and spoil 
disposal. 

(H) Dredge spoil from closed shellfish waters 
and effluent from diked disposal areas used 
when dredging in closed shellfish waters 
shall be returned to the closed shellfish 
waters. 

(3) Drainage Ditches 

(A) Drainage ditches located through any 
marshland shall not exceed six feet wide by 
four feet deep (from ground surface) unless 
the applicant shows that larger ditches are 
necessary for adequate drainage. 

(B) Spoil derived from the construction or 
maintenance of drainage ditches through 
regularly flooded marsh shall be placed 
landward of these marsh areas in a manner 
that will insure that entry of sediment into 
the water or marsh will not occur. Spoil 
derived from the construction or mainte- 



nance of drainage ditches through irregu- 
larly flooded marshes shall be placed on 
non-wetlands wherever feasible. 

Non-wetland areas include relic disposal 
sites. 

(C) Excavation of new ditches through high 
ground shall take place landward of a 
temporary earthen plug or other methods to 
minimize siltation to adjacent water bodies. 

(D) Drainage ditches shall not have a signifi- 
cant adverse effect on primary nursery 
areas, productive shellfish beds, beds of 
submerged aquatic vegetation, or other 
documented important estuarine habitat. 
Particular attention shall be placed on the 
effects of freshwater inflows, sediment, and 
nutrient introduction. Settling basins, 
water gates, retention structures are exam- 
ples of design alternatives that may be used 
to minimize sediment introduction. 

(4) Nonagricultural Drainage 

(A) Drainage ditches shall be designed so that 
restrictions in the volume or diversions of 
flow are minimized to both surface and 
ground water. 

(B) Drainage ditches shall provide for the 
passage of migratory organisms by allow- 
ing free passage of water of sufficient 
depth. 

(C) Drainage ditches shall not create stagnant 
water pools or significant changes in the 
velocity of flow. 

(D) Drainage ditches shall not divert or restrict 
water flow to important wetlands or marine 
habitats. 

(5) Marinas. Marinas are defined as any publicly or 
privately owned dock, basin or wet boat storage 
facility constructed to accommodate more than 10 
boats and providing any of the following services: 
permanent or transient docking spaces, dry stor- 
age, fueling facilities, haulout facilities and repair 
service. Excluded from this definition are boat 
ramp facilities allowing access only, temporary 
docking and none of the preceding services. 
Expansion of existing facilities shall also comply 
with these standards for all development other 
than maintenance and repair necessary to maintain 
previous service levels. 

(A) Marinas shall be sited in non-wetland areas 
or in deep waters (areas not requiring 
dredging) and shall not disturb valuable 
shallow water, submerged aquatic vegeta- 
tion, and wetland habitats, except for 
dredging necessary for access to 
high-ground sites. The following four 
alternatives for siting marinas are listed in 
order of preference for the least damaging 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



910 



PROPOSED RULES 



alterative; marina projects shall be designed 

to have the highest of these four priorities 

that is deemed feasible by the permit letting 

agency: 
(i) an upland basin site requiring no 
alteration of wetland or estuarine 
habitat and providing adequate flush- 
ing by tidal or wind generated water 
circulation; 

(ii) an upland basin site requiring dredg- 
ing for access when the necessary 
dredging and operation of the marina 
will not result in the significant deg- 
radation of existing fishery, shell- 
fish, or wetland resources and the 
basin design shall provide adequate 
flushing by tidal or wind generated 
water circulation; 

(iii) an open water site located outside a 
primary nursery area which utilizes 
piers or docks rather than chaimels 
or canals to reach deeper water; and 

(iv) an open water marina requiring ex- 
cavation of no Lntertidal habitat, and 
no dredging greater than the depth of 
the connecting channel. 

(B) Marinas which require dredging shall not 
be located in primary nursery areas nor in 
areas which require dredging through 
primary nursery areas for access. Mainte- 
nance dredging in primary nursery areas 
for existing marinas will be considered on 
a case-by-case basis. 

(C) To minimize coverage of public trust areas 
by docks and moored vessels, dry storage 
marinas shall be used where feasible. 

(D) Marinas to be developed in waters subject 
to public trust rights (other than those 
created by dredging upland basins or ca- 
nals) for the purpose of providing docking 
for residential developments shall be al- 
lowed no more than 27 sq. ft. of public 
trust areas for every one lin. ft. of shore- 
line adjacent to these public trust areas for 
construction of docks and mooring facili- 
ties. The 27 sq. ft. allocation shall not 
apply to fairway areas between parallel 
piers or any portion of the pier used only 
for access from land to the docking spaces. 

(E) To protect water quality of shellfishing 
areas, marinas shall not be located within 
areas where shellfish harvesting for human 
consumption is a significant existing use or 
adjacent to such areas if shellfish harvest 
closure is anticipated to result from the 
location of the marina. In compliance with 
Section 101(a)(2) of the Clean Water Act 



and North Carolina Water Quality Stan- 
dards adopted pursuant to that section, 
shellfish harvesting is a significant existing 
use if it can be established that shellfish 
have been regularly harvested for human 
consumption since November 28, 1975 or 
that shellfish apparently are propagating 
and surviving in a biologically suitable 
habitat and are available and suitable for 
harvesting for the purpose of human con- 
sumption. The Division of Marine Fisher- 
ies shall be consulted regarding the signifi- 
cance of shellfish harvest as an existing use 
and the magnitude of the quantities of 
shellfish which have been harvested or are 
available for harvest in the area where 
harvest will be affected by the develop- 
ment. 
(F^ Marinas shall not be located without writ- 
ten consent from the controlling parties in 
areas of submerged lands which have been 
leased from the state or deeded by the 
state. 
(G) Marina basins shall be designed to promote 
flushing through the following design crite- 
ria: 

(i) the basin and channel depths shall 
gradually increase toward open wa- 
ter and shall never be deeper than 
the waters to which they coimect; 
and 
(ii) when possible, an opening shall be 
provided at opposite ends of the 
basin to estabUsh flow-through circu- 
lation. 
(H) Marinas shall be designed to minimize 
adverse effects on navigation and public 
use of pubUc trust areas while allowing the 
applicant adequate access to deep waters. 
(I) Marinas shall be located and constructed so 
as to avoid adverse impacts on navigation 
throughout all federally maintained chan- 
nels and their immediate boundaries. This 
includes mooring sites (permanent or tem- 
porary), speed or traffic reductions, or any 
other device, either physical or regulatory, 
that may cause a federally maintained 
channel to be restricted. 
(J) Open water marinas shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water quality. 
(K) Marinas which require dredging shall pro- 
vide areas to accomphsh disposal needs for 
future dredging consistent with the require- 
ments in Subparagraph (l3)(2) of this Rule. 
Proof of the ability to truck the spoil mate- 
rial from the marina site to an acceptable 



911 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



disposal area will be acceptable. 

(L) Marina design shall comply with all appli- 
cable requirements for management of 
stormwater runoff. 

(M) Marinas shall post a notice prohibiting the 
discharge of any waste from boat toilets 
and explaining the availability of informa- 
tion on local pump-out services. 

(N) Boat maintenance areas must be designed 
so that all scraping, sandblasting, and 
painting will be done over dry land with 
adequate containment devices to prevent 
entry of waste materials into adjacent wa- 
ters. 

(O) All marinas shall comply with all applica- 
ble standards for docks and piers, 
bulkheading, dredging and spoil disposal. 

(P) All applications for marinas shall be re- 
viewed to determine their potential impact 
and compliance with applicable standards. 
Such review shall consider the cumulative 
impacts of marina development. 

(Q) Replacement of existing marinas to main- 
tain previous service levels shall be allowed 
provided that the preceding rules are com- 
plied with to the maximum extent possible, 
with due consideration being given to 
replacement costs, service needs, etc. 
(6) Docks and Piers 

(A) Dooko and pi e r s s hall — not o ignifioantly 
intorfore with wat e r flows. Docks and 
piers shall not exceed six feet in width. 
Wider docks and piers shall be permitted 
only if the greater width is necessary for 
safer use, to improve public access, or to 
support a water dependent use that cannot 
otherwise occur. 

(B) To pr e clud e th e adv e rs e e ff e cts of shading 
ooaotnl — w e tlands — v e g e tation, — docks — aad 
piora built over coastal wotlonds shall not 
oxcood six foot in width. — "T"3 and plat 
fef ms associated with resid e ntial pi e rs must 
b e at th e wat e rward e nd, and must not 
oxcood a total area of 500 sq. ft. with no 
more than six foot of the dimension porpon 
dioular to th e marsh e dg e e xt e nding ovor 
coa s tal w e tlands. — Water dep e nd e nt proj e cts 
requiring piors or wharfs of dimonsions 
greater than those stated in this Rule shall 
b e consid e r e d on a cas e by cas e — basis. 
Any portion of a dock or pier (either fixed 
or floating) extending from the main struc- 
ture and six feet or less in width shall be 
considered either a "T" or a finger pier. 

(C) Any portion of a dock or pier (either fixed 
or floating) greater than six feet wide will 
be considered a platform or deck. 



(D) "T"s. finger piers, platforms and decks of 
piers must not exceed a combined total area 
of four square feet per linear foot of shore- 
line. Shoreline length shall be measured by 
drawing a straight line between the points 
at which the property lines intersect the 
normal high water or normal water level. 
Projects requiring dimensions greater than 
those stated in this Rule shall be permitted 
only if the greater dimensions are necessary 
for safer use, or to support a water depend- 
ent use that cannot otherwise occur. 

(E) "T"s. platforms and decks shall have no 
more than six feet of any dimension ex- 
tending over coastal wetlands. 

(F) Docks, piers and associated structures built 
over wetlands must be elevated at least four 
feet over the wetland substrate measured 
from the bottom of the decking. 

(G) Boathouses shall not exceed 400 square feet 
and shall have sides extending no further 
than one-half the height of the walls and 
only covering the top half of the walls. 
Measurements of square footage shall be 
taken of the greatest exterior dimensions. 
Boathouses shall not be allowed on lots 
with less than 75 linear feet of shoreline. 

(H) The total area enclosed by boat lifts shall 

not exceed 400 square feet. 
(I) Decks, platforms and boat houses shall be 
single-story. They may be roofed but shall 
not be designed to allow second-story use. 

(G) Piors shall bo designed to minimizo adverse 

e ff e cts on navigation and public us e of 
wat e rs whilo allowing tho applicant ad e 
quato aocoss to deep waters by: 
(J) Pier length shall be limited by: 

(i) not extending beyond the established 
pier length along the same shoreline 
for similar use; (This restriction 
shall not apply to piers 300 100 feet 
or less in length unless necessary to 
avoid unreasonable interference with 
navigation or other uses of the wa- 
ters by the public); 
(ii) not extending into the channel por- 
tion of the water body; and 
(iii) not extending more than one third 
one-fourth the width of a natural 
water body or man made human- 
made canal or basin. Measurements 
to determine widths of the chonnols, 
water body, canals or basins shall be 
made from the waterward edge of 
any coastal wetland vegetation which 
borders the water body. The 
one third one-fourth length limitation 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



912 



PROPOSED RULES 



vrtH shall not apply in areas where 
the U.S. Army Corps of Engineers, 
or a local government in consultation 
with the Corps of Engineers, has 
established an official pier-head line. 
The one-fourth length limitation shall 
not apply when the proposed pier is 
located between longer piers within 
200 feet of the applicant's property. 
However, the proposed pier cannot 
be longer than the pier head line 
established by the adjacent piers, nor 
longer than one-third the width of 
the water body. 
(K) Kers longer than 400 feet shall be permit- 
ted only if the proposed length gives access 
to deeper water at a rate of at least one 
foot at each 100 foot increment of pier 
length longer than 400 feet or if the addi- 
tional length is necessary to span some 
obstruction to navigation. Measurements to 
determine pier lengths shall be made from 
the waterward edge of any coastal wetland 
vegetation that borders the water body. 

fO) Pier alignments along fodorally maintained 

chonnols must m e et Corps of Engin ee rs 
District guid e lin e s. 
fL) ft) Piers shall not interfere with the access 
to any riparian property and shall have a 
minimum setback of 15 feet between any 
part of the pier and the adjacent property 
owner's areas of riparian access. The line 
of division of areas of riparian access shall 
be established by drawing a line along the 
channel or deep water in front of the prop- 
erties, then drawing a line perpendicular to 
the line of the channel so that it intersects 
with the shore at the point the upland prop- 
erty line meets the water's edge. The 
minimum setback provided in the rule may 
be waived by the written agreement of the 
adjac e nt riparian owner(s) or wh e n two 
adjoining riparian own e rs are co applicants. 
Should the adjacent property bo sold before 
construction of the pier commences, the 
applicant shall obtain a writt e n agr ee m e nt 
with th e n e w ovvn e r waiving th e minimum 
setback and submit it to the permitting 
agency prior to initiating any development 
of th e pi e r. Application of this Rule may 
be aided by reference to an diagram illus- 
trating the rule as applied to various shore- 
line configurations. Copies of the diagram 
may be obtained from the Division of 
Coastal Management. When shoreline 
configuration is such that a perpendicular 
alignment cannot be achieved, the pier shall 



be aligned to meet the intent of this Rule to 
the maximum extent practicable. 
rMT) (F) Docks and piers shall not oignifiooB tiy- 
interfere with shellfish franchises or loosos. 
leases any more than the interference cre- 
ated by the presence of the structure. 
AppUcants for authorization to construct a 
dock or pier shall provide notice of the 
permit application or exemption request to 
the owner of any part of a shellfish fran- 
chise or lease over which the proposed 
dock or pier would extend. 
(K) Where a pier would cross the line of sight 
from nearby properties, the pier shall be 
designed and positioned to minimize the 
impact on the line of sight from the nearby 
property. Applicants shall be required to 
provide notice as in 15A NCAC 7J 
.0204rb)(5) to any property owner whose 
line of sight is crossed by the proposed 
pier. Line of sight shall be determined by 
projecting lines into the water. 
(7) Bulkheads and Shore Stabilization Measures 

(A) Bulkhead alignment, for the purpose of 
shoreline stabilization, shall approximate 
mean high water or normal water level. 

(B) Bulkheads shall be constructed landward of 
significant marshland or marshgrass 
fringes. 

(C) Bulkhead fdl material shall be obtained 
from an upland source, or if the bulkhead 
is a part of a permitted project involving 
excavation from a non-upland source, the 
material so obtained may be contained 
behind the bulkhead. 

(D) Bulkheads or other structures employed for 
shoreline stabilization shall be permitted 
below approximate mean high water or 
normal water level only when the following 
standards are met: 

(i) the property to be bulkheaded has an 
identifiable erosion problem, 
whether it results from natural 
causes or adjacent bulkheads, or it 
has unusual geographic or geologic 
features, e.g. steep grade bank, 
which will cause the applicant unrea- 
sonable hardship under the other 
provisions of this Rule: 
(ii) the bulkhead alignment extends no 
further below approximate mean 
high water or normal water level 
than necessary to allow recovery of 
the area eroded in the year prior to 
the date of application, to align with 
adjacent bulkheads, or to mitigate 
the unreasonable hardship resulting 



913 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



fixim the unusual geographic or geo- 
logic features; 

(iii) the bulkhead alignment will not re- 
sult in significant adverse impacts to 
pubUc trust rights or to the property 
of adjacent riparian owners; 

(iv) the need for a bulkhead below ap- 
proximate mean high water or nor- 
mal water level is documented in the 
Field Investigation Report or other 
reports prepared by the Division of 
Coastal Management; and 

(v) the property to be bulkheaded is in a 
nonoceanfront area. 
(E) Where possible, sloping rip-rap, gabions, 

or vegetation shall be used rather than 

vertical seawalls. 
(8) Beach Nourishment 

(A) Beach creation or maintenance may be 
allowed to enhance water related recre- 
ational facilities for public, commercial, 
and private use. 

(B) Beaches may be created or maintained in 
areas where they have historically been 
found due to natural processes. They will 
not be allowed in areas of high erosion 
rates where frequent maintenance will be 
necessary. 

(C) Placing unconfmed sand material in the 
water and along the shoreline will not be 
allowed as a method of shoreline erosion 
control. 

(D) Material placed in the water and along the 
shoreline shall be clean sand free from 
pollutants and highly erodible finger mate- 
rial. Grain size shall be equal to or larger 
than that found naturally at the site. 

(E) Material from dredging projects can be 
used for beach nourishment if: 

(i) it is first handled in a manner con- 
sistent with rules governing spoil 
disposal; 
(ii) it is allowed to dry; and 
(iii) only that material of acceptable grain 
size is removed from the disposal 
site for placement on the beach. 
Material shall not be placed directly 
on the beach by dredge or dragline 
during maintenance excavation. 

(F) Beach creation shall not be allowed in any 
primary nursery areas, nor in any areas 
where siltation from the site would pose a 
threat to shellfish beds. 

(G) Material shall not be placed on any coastal 
wetlands or beds of submerged aquatic 
vegetation. 

(H) Material shall not be placed on any sub- 



merged bottom with significant shellfish 
resources. 
(I) Beach construction shall not create the 
potential for filling adjacent or nearby 
navigation channels, canals, or boat basins. 

(J) Beach construction shall not violate water 
quality standards. 

(K) Permit renewal of these projects shall 
require an evaluation of any adverse im- 
pacts of the original work. 

(L) Permits issued for this development shall 
be limited to authorizing beach nourishment 
only one time during the hfe of the permit. 
Permits may be renewed for maintenance 
work or repeated need for nourishment. 
(9) Wooden and Riprap Groins 

(A) Groins shall not extend more than 25 ft. 
waterward of the mean high water or nor- 
mal water level unless a longer structure is 
justified by site specific conditions, sound 
engineering and design principals. 

(B) Groins shall be set back a minimum of 15 
ft. from the adjoining property lines. This 
setback may be waived by written agree- 
ment of the adjacent riparian owner(s) or 
when two adjoining riparian owners are 
co-appUcants. Should the adjacent property 
be sold before construction of the groin 
commences, the applicant shall obtain a 
written agreement with the new owner 
waiving the minimum setback and submit it 
to the permitting agency prior to initiating 
any development of the groin. 

(C) Groins shall pose no threat to navigation. 

(D) The height of groins shall not exceed 1 ft. 
above mean high water or the normal water 
level. 

(E) No more than two structures shall be al- 
lowed per 100 ft. of shoreline unless the 
applicant provides evidence that more 
structures are needed for shoreline stabili- 
zation. 

(F) "L" and "T" sections shall not be allowed 
at the end of groins. 

(G) Riprap material used for groin construction 
shall be free from loose dirt or any other 
pollutant in other than non-harmful quanti- 
ties and of a size sufficient to prevent its 
movement from the site by wave and cur- 
rent action. 

(10) "Freestanding Moorings" 

(A) A "freestanding mooring" is any means to 
attach a ship, boat, vessel, floating struc- 
ture or other water craft to a stationary 
underwater device, mooring buoy, buoyed 
anchor, or piling (as long as the piling is 
not associated with an existing or proposed 



11:11 



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September 3, 1996 



914 



PROPOSED RULES 



pier, dock, or boathouse). 

(B) Freestanding moorings shall be permitted 
only: 

(i) to riparian property owners within 
their riparian corridors; or 

(ii) to any applicant proposing to locate 
a mooring buoy consistent with a 
water use plan that may be incorpo- 
rated into either the local zoning or 
land use plan. 

(C) All approved mooring fields shall provide 
suitable area for access to any mooring(s) 
and other land based operations which shall 
include but not be limited to wastewater 
pumpout. trash disposal and vehicle park- 
ing. 

(D) If the agreement referenced in specific 
condition in Part Cb)(10)(C) of this Rule is 
terminated or the facility no longer exist, 
the permit shall become null and void and 
the permitted project removed from the 
AEC. 

(E) To protect water quality of shellfishing 
areas, mooring fields shall not be located 
within areas where shellfish harvesting for 
human consumption is a significant existing 
use or adjacent to such areas if shellfish 
harvest closure is anticipated to result from 
the location of the mooring field. In com- 
pliance with Section 101(a)(2) of the Fed- 
eral Water Pollution Control Act, 33 

■ U.S.C. 1251 (a)(2), and North Carolina 
Water Quality Standards adopted pursuant 
to that section, shellfish harvesting is a 
significant existing use if it can be estab- 
lished that shellfish have been regularly 
harvested for human consumption since 
November 28, 1975 or that shellfish appar- 
ently are propagating and surviving in a 
biologically suitable habitat and are avail- 
able and suitable for harvesting for the 
purpose of human consumption. The 
Division of Marine Fisheries shall be con- 
sulted regarding the significance of shell- 
fish harvest as an existing use and the 
magnitude of the quantities of shellfish 
which have been harvested or are available 
for harvest in the area where harvest will 
be affected by the development. 

(F) Moorings shall not be located without 
written consent from the controlling parties 
in areas of submerged lands which have 
been leased from the state or deeded by the 
state. 

(G) Moorings shall be located and constructed 
so as to avoid adverse impacts on naviga- 
tion throughout all federally maintained 



channels and their immediate boundaries. 
This includes mooring sites (permanent or 
temporary), speed or traffic reductions, or 
any other device, either physical or regula- 
tory, that may cause a federally maintained 
channel to be restricted. 

(H) Open water moorings shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water quality. 
(I) Moorings and the associated land based 
operation design shall comply with all 
applicable requirements for management of 
stormwater runoff. 
(J) Mooring fields shall have pwsted in view of 
patrons a notice prohibiting the discharge 
of any waste from boat toilets or any other 
discharge and explaining the availability of 
information on local pump-out services and 
waste disposal. 

(K) Freestanding moorings associated with 
cotrunercial shipping, public service or 
temporary construction/salvage operations 
may be permitted without a public sponsor 
and shall be evaluated on a case-by-case 
basis. 

(L) Freestanding mooring buoys and piles shall 
be evaluated based upon the arc of the 
swing including the vessel to be moored. 
Moorings and the attached vessel shall not 
interfere with the access of any riparian 
owner nor shall it block riparian access by 
blocking channels, deep water, etc. which 
allows riparian access. Freestanding moor- 
ings shall not interfere with the ability of 
any riparian owner to place a pier for 
access. 

(M) Freestanding moorings shall not be estab- 
lished in submerged cable/pipe crossing 
areas or in a manner which interferes with 
the operations of an access through any 
bridge. 

(N) Freestanding moorings shall be marked or 
colored in compliance with U.S. Coast 
Guard and N,C. Wildlife Resource Com- 
mission requirements and the required 
marking maintained for the life of the 
mooring(s). 

(O) The type of material used to create a moor- 
ing must be free of pollutants and of a 
design and type of material so as to not 
present a hazard to navigation or public 
safety. 

(P) Existing freestanding moorings (i.e. 
buoys/pilings) may be maintained in place 
for two years. However, if the moor- 
ings(s) deteriorate or are damaged such that 
replacement is necessary during the two 



915 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



year period, the mooring(s) then must 
comply with those guidelines of the Divi- 
sion in place at that time. In any event, 
existing moorings must comply with these 
Rules within two years. 

Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 
113A-124. 

SECTION .0300 - OCEAN HAZARD AREAS 

.0306 GENERAL USE STANDARDS FOR OCEAN 
HAZARD AREAS 

(a) In order to protect Ufe and property, all development 
not otherwise specifically exempted or allowed by law or 
elsewhere in these Rules shall be located according to 
whichever of the following rules is applicable. 

(1) If neither a primary nor frontal dune exists in the 
AEG on or landward of the lot on which the 
development is proposed, the development shall 
be landward of the erosion setback line. The 
erosion setback line shall be set at a distance of 
30 times the long-term annual erosion rate from 
the first line of stable natural vegetation or mea- 
surement line, where applicable. In areas where 
the rate is less than two feet per year, the setback 
line shall be 60 feet from the vegetation line or 
measurement line, where applicable. 

(2) If a primary dune exists in the AEC on or land- 
ward of the lot on which the development is 
proposed, the development shall be landward of 
the crest of the primary dune or the long-term 
erosion setback line, whichever is farthest from 
the first line of stable natural vegetation or mea- 
surement line, where applicable. For existing 
lots, however, where setting the development 
landward of the crest of the primary dune would 
preclude any practical use of the lot, development 
may be located seaward of the primary dune. In 
such cases, the development shall be located 
landward of the long-term erosion setback line 
and shall not be located on or in front of a frontal 
dune. The words "existing lots" in this Rule shall 
mean a lot or tract of land which, as of June 1 , 
1979, is specifically described in a recorded plat 
and which cannot be enlarged by combining the 
lot or tract of land with a contiguous lot(s) or 
tract(s) of land under the same ownership. 

(3) If no primary dune exists, but a frontal dune does 
exist in the AEC on or landward of the lot on 
which the development is proposed, the develop- 
ment shall be set landward of the frontal dune or 
landward of the long-term erosion setback line, 
whichever is farthest from the first line of stable 
natural vegetation or measurement line, where 
applicable. 

(4) Because large structures located immediately 



along the Atlantic Ocean present increased risk of 
loss of life and property, increased potential for 
eventual loss or damage to the public beach area 
and other important natural features along the 
oceanfront, increased potential for higher public 
costs for federal flood insurance, erosion control, 
storm protection, disaster relief and provision of 
public services such as water and sewer, and 
increased difficulty and expense of relocation in 
the event of future shoreline loss, a greater 
oceanfront setback is required for these structures 
than is the case with smaller structures. There- 
fore, in addition to meeting the criteria in this 
Rule for setback landward of the primary or 
frontal dune or both the primary and frontal 
dunes, for all multi-family residential structures 
(including motels, hotels, condominiums and 
moteliminiums) of more than 5,000 square feet 
total floor area, and for any non-residential 
structure with a total area of more than 5,000 
square feet, the erosion setback Line shall be twice 
the erosion setback as established in Subparagraph 
(a)(1) of this Rule, provided that in no case shall 
this distance be less than 120 feet. In areas where 
the rate is more than 3.5 feet per year, this 
setback line shall be set at a distance of 30 times 
the long-term annual erosion rate plus 105 feet. 

(5) Structural additions or increases in the footprint or 
total floor area of a building or structure represent 
expansions to the principal structure and both 
must meet the setback requirements established in 
Paragraph (a) of this Rule and Rule .0309(a) of 
this Section. The enclosure of existing roof 
covered porches will be exempt from this require- 
ment if the footprint is not expanded and modifi- 
cations to existing foundations are not required. 
New development landward of the applicable 
setback may be cosmetically, but not structurally, 
attached to an existing structure that does not 
conform with current setback requirements. 

(6) Established common-law and statutory public 
rights of access to and use of public trust lands 
and waters in ocean hazard areas shall not be 
eliminated or restricted. Development shall not 
encroach upon public accessways nor shall it limit 
the intended use of the accessways. 

(b) In order to avoid weakening the protective nature of 
ocean beaches and primary and frontal dunes, no develop- 
ment will be permitted that involves the significant removal 
or relocation of primary or frontal dune sand or vegetation 
thereon. Other dunes within the ocean hazard area shall not 
be disturbed unless the development of the property is 
otherwise impracticable, and any disturbance of any other 
dunes shall be allowed only to the extent allowed by Rule 
.0308(b) of this Section. 

(c) In ordor to avoid oxcossivo public expenditure s for 
maintaining public safety, construction or placement of 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



916 



PROPOSED RULES 



growth inducing publio Public facilities to be supported by 
public funds will be permitted in the ocean hazard area only 
when such facilities: 

(1) clearly exhibit ovorriding factors of national or 
state Interest and public benefit, 

(2) will not increase existing hazards or damage 
natural buffers, 

(3) will be reasonably safe from flood and erosion 
related damage, damage by complying with all 
local, state and federal construction requirements, 

(4) will not promote growth and development in 
ocean hazard areas. 

Such facilities include, but are not limited to, sewers, 
waterlines. roads, and bridges. 

(d) Development shall not cause major or irreversible 
damage to valuable documented historic architectural or 
archaeological resources documented by the Division of 
Archives and History, the National Historical Registry, the 
local land-use plan, or other reliable sources. 

fe^ — Dovolopmont shall bo consistent with minimum lot 
size and set back roquiromonts established by local rogula 
tions. 

(e) {i) Mobile homes shall not be placed within the high 
hazard flood area unless they are within mobile home parks 
existing as of June 1, 1979. 

(g) Developm e nt shall bo consiotont with g e n e ral manag e 
mont objective for ocean hazard ar e as s e t forth in Rul e 
.0303 of this Section. 

(fj (h^ Development shall not croato undue intorforenco 
interfere with legal access to, or use of, public resources 
nor shall such development increase the risk of damage to 
public trust areas. 

(g) fi) Development proposals shall incorporate all 
reasonable means and methods to avoid or minimize adverse 
impacts of the project. These measures shall be imple- 
mented at the applicant's expense and may include actions 
that will: 

(1) minimize or avoid adverse impacts by limiting the 
magnitude or degree of the action, 

(2) restore the affected environment, or 

(3) compensate for the adverse impacts by replacing 
or providing substitute resources. 

(Ti) {^ Prior to the issuance of any permit for develop- 
ment in the ocean hazard AECs, there shall be a written 
acknowledgment from the applicant that the applicant is 
aware of the risks associated with development in this 
hazardous area and the limited suitabilit)' of this area for 
permanent structures. By granting permits, the Coastal 
Resources Commission does not guarantee the safety of the 
development and assumes no liability for future damage to 
the development. 

(i) (k^ All relocation of structures requires permit 
approval. Structures relocated with public funds shall 
comply with the applicable setback line as well as other 
applicable AEC rules. Structures including septic tanks and 
other essential accessories relocated entirely with non-public 
funds shall be relocated the maximum feasible distance 



landward of the present location; septic tanks may not be 
located seaward of the primary structure. In these cases, all 
other applicable local and state rules shall be met. 

ti} (1) Permits shall include the condition that any 
structure shall be relocated or dismantled when it becomes 
imminently threatened by changes in shoreline configuration. 
The structure(s) shall be relocated or dismantled within two 
years of the time when it becomes imminently threatened, 
and in any case upon its collapse or subsidence. However, 
if natural shoreline recovery or beach renourishment takes 
place within two years of the time the structure becomes 
imminently threatened, so that the structure is no longer 
imminently threatened, then it need not be relocated or 
dismantled at that time. This condition shall not affect the 
permit holder's right to seek authorization of temporary 
protective measures allowed under Rule .0308(a)(2) of this 
Section. 

Authority G.S. 113A-107; USA- 11 3 (b)(6); 113A-124. 

SECTION .1100 - GENERAL PERMIT FOR 

CONSTRUCTION OF BULKHEADS AND THE 

PLACEMENT OF RIPRAP FOR SHORELINE 

PROTECTION IN ESTUARINE AND PUBLIC 

TRUST WATERS 

.1104 GENERAL CONDITIONS 

(a) This permit authorizes only the construction of 
bulkheads and the placement of riprap conforming to the 
standards herein. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under authority of this general permit is in accor- 
dance with the terms and conditions prescribed herein. 

(c) There shall be no significant interference with 
navigation or use of the waters by the public by the exis- 
tence of the bulkhead or the riprap authorized herein. 

(d) TTiis permit will not be applicable to proposed 
construction where the Department believes that the pro- 
posed activity might unnecessarily endanger adjoining 
properties or significantly affect areas that possess historic, 
cultural, scenic, conservation or recreational values, or that 
might significantly affect the quality of the human environ- 
ment. This gen e ral p e rmit will not b e applicabl e to pro 
pos e d construction wh e n th e D e partm e nt d e t e rmin e o aftor 
any necessar)' investigations, that the proposed activit)' 
would adversely affect areas which possess historic, cul 
tural, s c e nic, cons e r . 'ation, or r e cr e ational valu e s. 

( e ) This g e n e ral f> e rmit will not b e applicabl e to propo se d 
construction where the Department detorminos that the 
propo s ed activity' might significantly affect the quality of the 
human e nvironment, or unn e c e ssarily e ndanger adjoining 
prop e rti e s. — In thos e oas e s, individual p e rmit applications 
and review of the propo s ed project will be required accord 
ing to 15A NCAC 7J. 



917 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



PROPOSED RULES 



(e) {#) This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

£f) (g) Development carried out under this permit must 
b«e consistent with all local requirements, AEC Guidelines, 
and local land use plans current at the time of authorization. 

Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b): 
113A-118.1; 113A-124. 

SECTION .1200 - GENERAL PERMIT FOR 
CONSTRUCTION OF PEERS: DOCKS: AND BOAT 
HOUSES m ESTUARINE AND PUBLIC TRUST 
WATERS 

.1202 APPROVAL PROCEDURES 

(a) The applicant must contact the Division of Coastal 
Management and complete an application form requesting 
approval for development. The applicant shall provide 
information on site location, dimensions of the project area, 
and his name and address. 

(b) The applicant must provide: 

(1) confirmation that a written statement has been 
obtained signed by the adjacent riparian property 
owners indicating that they have no objections to 
the proposed work; or 

(2) confirmation that the adjacent riparian property 
owners have been notified by certified mail of the 
proposed work. Such notice should instruct 
adjacent property owners to provide any com- 
ments on the proposed development in writing for 
consideration by permitting officials to the Divi- 
sion of Coastal Management within ten J_0 days of 
receipt of the notice, and, indicate that no re- 
sponse will be interpreted as no objection. DCM 
staff will review all comments and determine, 
based on their relevance to the potential impacts 
of the proposed project, if the proposed project 
can be approved by a General Permit. If DCM 
staff finds that the comments are worthy of more 
in-depth review, the applicant will be notified that 
he must submit an application for a major devel- 
opment permit. 

(c) Approval of individual projects will be acknowledged 
in writing by the Division of Coastal Management and the 
applicant shall be provided a copy of this Section. 

(d) Construction must be completed within 90 days of the 
approval of the permit or the permit expires. 

(e) Any modification or addition to the approved project 
will require prior approval from the Division of Coastal 
Management. 

Authority G.S. 1 13A-107(a): 113A-107(b); 113A-113(b); 
n3A-118.1; 113A-124. 

.1204 GENERAL CONDITIONS 

(a) Structuros — authorized — by — this — permit — shall — be 
non commercial — structuros conforming to the s tandard s 



heroin. Piers authorized by this general permit shall be for 
the exclusive use of the land owner or occupant and shall 
not provide either leased or rented docking space or any 
other commercial services. Piers designed to provide 
docking space for more than two boats shall, because of 
their greater potential for adverse impacts, be reviewed 
through the major permitting process and, therefore, are not 
authorized by this general permit. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under the authority of this general permit is in 
accordance with the terms and conditions prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or use of the waters by the public by the exis- 
tence of piers, docks and boat houses. 

(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
This general pormit will not bo applicable to proposed 
construction when the Dopartmont dotorminos, after any 
n e o e ssar)' inv e stigations, that tho proposed aotivit)' would 
adversely aff e ct aroa s which poss e oo historic, cultural, 
sconic, oonsorvation or r o croational values. 

(o) This gonoml permit will not bo applicable to proposed 
construction wh e r e th e D e partm e nt believes that tho pro 
pos e d activity might significantly affoot the quality of the 
human environment, or unnocos s arily endanger adjoining 
properties. — In thoso cases, individual pormit applications 
and r e vi e w of th e propos e d proj e ct will bo requir e d aooord 
ing to 15A NCAC 7J. 

(e) {4) This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

(f) (g) Development carried out under this permit must 
be consistent with all local requirements, AEC Guidelines, 
and local land use plans current at the time of authorization. 

Authority G.S. 113A-107(a); 113A-107{h); 113A-I13(b); 
113A-118.1; 113A-124. 

.1205 SPECIFIC CONDITIONS 

(a) Piers, docks, and boat houses may extend or be 
located up to a maximum of 400 feet from the m e an high 
water contour normal high water line, or the normal water 
level, whichever is applicable. 

(b) Piers, docks, and boat houses shall not extend beyond 
the established pier length along the same shoreline for 
similar use. This restriction shall not apply to piers 300 100 
feet or less in length unless necessary to avoid unreasonable 
interference with navigation or other uses of the waters by 
the public. The length of piers shall be measured from the 
waterward edge of any wetlands that border the water body. 

(c) Piers and docks shall bo elevated — over coa s tal 



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NORTH CAROLINA REGISTER 



September 3, 1996 



918 



PROPOSED RULES 



wetlands and flhall not oxoood 6 foot in width. Piers longer 
than 200 feet shall be permitted only if the proposed length 
gives access to deeper water at a rate of at least one foot at 
each 100 foot increment of pier length longer than 200 feet. 
or if the additional length is necessary to span some obstruc- 
tion to navigation. Measurements to determine pier lengths 
shall be made from the waterward edge of any coastal 
wetland vegetation which borders the water body. 

(d) Piers and docks shall be no wider than six feet and 
shall be elevated at least four feet above any coastal wetland 
substrate as measured from the bottom of the decking. 

fe) Any portion of a pier (either Fixed or floating) 
extending from the main structure and six feet or less in 
width shall be considered either a "T" or a finger pier. 

(f) Any portion of a pier (either fixed or floating) 
greater than six feet wide shall be considered a platform or 
deck. 

(g) "T"s. finger piers, platforms and decks of piers on 
lots with shorelines 100 feet or greater in length shall not 
exceed a combined total area of 400 square feet. The 
combined total area for lots less than 100 feet shall not 
exceed four square feet per linear foot of shoreline. 
Shoreline length shall be measured by drawing a straight 
line between the points at which the property lines intersect 
the normal high water or normal water level. 

(h) Platforms and decks shall have no more than six feet 
of any dimension extending over coastal wetlands. 

(il Boathouses shall not exceed 400 square feet and shall 
have sides extending no further than one-half the height of 
the walls and only covering the tog half of the walls- 
Measurements of square footage shall be taken of the 
greatest exterior dimensions. Boathouses shall not be 
allowed on lots with less than 75 linear feet of shoreline. 

(i) Areas enclosed by boat lifts shall not exceed 400 
square feet. 

(k) Decks, platforms and boat houses shall be single 
story. They may be roofed but shall not be designed to 
allow second story use. 

fd) — Boat houn e o shall hav e open sides and hav e a floor 
area not to exceed 5(X) square foot. 

(1) fe) Piers alignments along federally maintained 
channels must meet Corps of Engineers guid e lines, guide- 
lines for pier construction pursuant to Section 10 of the 
Rivers and Harbors Act. 

(m) ff) Piers, docks, and boat houses shall in no case 
extend more than 4-/3 one-fourth the width of a natural water 
body or man made human-made canal or basin. Measure- 
ments to determine widths of the water body, human-made 
canals or basins shall be made from the waterward edge of 
any coastal wetland vegetation that borders the water body. 
The one-fourth length limitation shall not apply when the 
proposed pier [s located between longer piers within 200 
feet of the applicant's property. However, the proposed 
pier cannot be longer than the pier head line established by 
the adjacent piers, nor longer than one-third the width of the 
water body. 

(n) (§) Piers, docks and boat houses shall not interfere 



with the access to any riparian property, and shall have a 
minimum setback of 15 feet between any part of the pier 
and the adjacent projjerty lines extended into the water at the 
points that they intersect the shoreline. The minimum 
sotbackfl provided in the rule may bo V i 'aivod by the written 
agr ee m e nt of th e adjac e nt riparian ownor(c), or when two 
adjoining riparian owners aro oo applioonts. — Should the 
adjacent property bo sold before construction of tho pier 
commences, tho applicant shall obtain a written agreement 
with the now own e r waiving th e minimum o e tback and 
submit it to th e Division of Coastal Manag e m e nt prior to 
initiating any development of the pier, dock, or boat houso. 
The line of diyision of areas of riparian access shall be 
established by drawing a line along the channel or deep 
water in front of the property, then drawing a line perpen- 
dicular to the line of the channel so that it intersects with the 
shore at the point the upland property line meets the water's 
edge. Application of this Rule may be aided by reference 
to an approved diagram illustrating the rule as a pplied to 
various shoreline configurations. Copies of the diagram 
may be obtained from the Division of Coastal Management. 
When shoreline configuration is such that a perpendicular 
alignment cannot be achieved, the pier shall be aligned to 
meet the intent of this Rule to the maximum extent practica- 
ble. 

(h) Pi e rs and docks may hav e "T" h e ads or platforms not 
e xc ee ding 500 square feet built at th e ir wat e rward e nd and 
not covering any vegetated wetland aroas. 

(i) For all now or replacement floating faciUties, flotation 
units shall b e construct e d of mat e rial which will not becomo 
wat e rlogg e d or sink wh e n punctured. 

fj-j This general permit is not applicable on ocean 

boaohos. 

(o) Where a pier would cross the line of sight from 
nearby properties, the pier shall be designed and positioned 
to minimize the impact on the line of sight from the nearby 
property. Applicants shall be required to provide notice as 
in Rule . 1202(b)(2) of this Section to any property owner 
whose line of sight is crossed by the proposed pier. Line of 
sight shall be determined by projecting property lines into 
the water. 

(p) ^ Piers, and mooring facilities shall be designed to 
provide docking space for no more than 4 two boats. 

(q) fH Docks and piers shall not significantly interfere 
with shellfish franchises or leases, leases any more than the 
interference created by the presence of the structure. 
AppUcants for authorization to construct a dock or pier shall 
provide notice of the permit appUcation to the owner of any 
part of a shellfish franchise or lease over which the pro- 
posed dock or pier would extend. 

Authority G.S. 1 ISA- 107(a); 113A-107(b): 113A-113(b}; 
113A- 118.1; 113A-124. 

SECTION .1300 - GENERAL PERMIT TO 

MAINTAIN: REPAIR AND CONSTRUCT BOAT 

RAMPS ALONG ESTUARINE SHORELINES AND 



919 



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PROPOSED RULES 



INTO ESTUARINE AND PUBLIC TRUST WATERS 

.1304 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be 
non-commercial boat ramps constructed of acceptable 
material and conforming to the standards herein. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under authority of this general permit is in accor- 
dance with the terms and conditions prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or public use of the waters during or after 
construction. 

(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
Thio g e neral p e rmit will not b e applioablo to proposed 
oonotruotion when the Departm e nt dotermin e o, aft e r any 
nocossaiy invostigationa, that the proposed activity would 
adversely affect aroaa which possoss historic, cultural. 
Doenio, oonoon . 'ation or recr e ational valueo. 

(o) Thio gonoral p e rmit will not b e applicabl e to propos e d 
construction whore the Department boliovos that the pro 
poBod activity' might significantly affect the quality of the 
human environm e nt, or unn e o e osarily e ndanger adjoining 
prop e rti e s. — In thos e oaoos, individual p e rmit applications 
and review of the proposed project will bo required accord 
ing to 15A NCAC 7J. 

(e) ff) This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

£f) (g) Development carried out under this permit must 
be consistent with all local requirements, AEG guidelines, 
and local land use plans current at the time of authorization. 

Authority G.S. USA- 107(a); 113A- 107(b); 113A-1 13(b); 
113A-118.1; 113A-124. 

SECTION .1400 - GENERAL PERMIT FOR 
CONSTRUCTION OF WOODEN GROINS IN 
ESTUARINE AND PUBLIC TRUST WATERS 

.1404 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be simple, 
wooden groins conforming to the standards herein. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under authority of this general permit is in accor- 
dance with the terms and conditions prescribed herein. 

(c) There shall be no significant interference with 
navigation or use of the waters by the public by the exis- 



tence of wooden groins authorized herein. 

(d) This permit will not be a pplicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
This general permit will not be applicable to proposed 
construction when the Department dotorminos, after any 
noooooaiy inv e stigation, that th e proposed aotivit)' would 
adv e rs e ly aff e ot ar e as which poooooo historic, cultural, 
scenic, consor i 'ation or recreational values. 

(o) This general permit will not bo applicable to proposed 
oonotruotion wh e re th e Department boliovos that the pro 
pos e d activity might significantly aff e ot th e quality of the 
human environment, or unnecessarily endanger adjoining 
properties. — In those cases, individual permit applications 
and r e vi e w of th e propos e d project will b e r e quired accord 
ing to Subchapt e r 7J. 

(e) (^ This f>ermit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

£f} (g) Development carried out under this permit must 
be consistent with all local requirements, AEC Guidelines, 
and local land use plans current at the time of authorization. 

Authority G.S. 113A-107(a); 113A-107(b); 113A-I13(b); 
113A-118.1; 11 3 A- 124. 

SECTION .1500 - GENERAL PERMIT FOR 

EXCAVATION WITHIN OR CONNECTING TO 

EXISTING CANALS: CHANNELS: BASINS: OR 

DITCHES IN ESTUARINE WATERS: PUBLIC 

TRUST WATERS: AND ESTUAREVE SHORELINE 

AEC'S 

. 1 504 GENERAL CONDITIONS 

(a) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time neces- 
sary to ensure that the activity being performed under 
authority of this general permit is in accordance with the 
terms and conditions prescribed herein. 

(b) This general jsermit will not be applicable to proposed 
excavation when the Department determines that the 
proposed activity would adversely affect areas which possess 
historic, cultural, scenic, conservation or recreational 
values. 

(c) This general permit will not be applicable to proposed 
maintenance excavation when the Department determines 
that the proposed activity will adversely affect adjacent 
property. 

(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 



11:11 



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Septembers, 1996 



920 



PROPOSED RULES 



This general pcniiit will not bo applionblo to proposed 
oxoavQtion v . h e r e the Dopartment beli e v e s that the proposed 
gotis ity might significantly affect the quality of the environ 
ment. or unneoeosarily endanger adjoining properties. — la 
such cases an individual permit application and rc i icw of 
the proposed project may be initiat e d using the application 
forms, foes and proc e dures r e quir e d by 15A NCAC 7J. 

(0) TTii s general permit authorizes maintenance excava 
tion in canals, channels, basins and ditches v i ithin primary 
nursery areas as designated by the Division of Marin e 
Fisheri e s exc e pt as proscribed by oth e r provisions of this 
permit. — Individual project requests will be evaluated on a 
case by case basis and coordinated with appropriate Division 
of Marine Fisheri e s personn e l. — Individual projects will not 
be allo' . ' . ed during porioda of high e st biological productivity. 

(e) (I) New basins within or with connections to primary 
nursery areas are not allowed. 

(f) far) No new basins will be allowed that result in 
closure of shellfish waters according to the closure policy of 
the Division of Environmental Health. 

(g) ^ This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization, nor, 
to abide by regulations adopted by any federal or other state 
agenc\'. 

Ch) (i) Development carried out under this permit must 
be consistent with all local requirements, AEC guidelines, 
and local Land Use Plans current at the time of authoriza- 
tion. 

Authority G.S. 1 ]3A-]07(a),(b); 113A-1 13{b); 113A-118.1; 
U3-229(cl). 

SECTION .1700 - GENERAL PERMTT FOR 

EMERGENCY WORK REQUIRING A CAMA 

AND/OR A DREDGE AND FILL PER^UT 

,1704 GENERAL CONDITIONS 

(a) Work permitted by means of an emergency permit 
shall be subject to the following limitations: 

(1) No work shall begin until an onsite meeting is 
held with the applicant and appropriate Division 
of Coastal Management representative so that the 
proposed emergency work can be appropriately 
marked. Written authorization to proceed with 
the proposed development can be issued during 
this visit. 

(2) No work shall be permitted other than that which 
is necessar}- to reasonably protect against or 
reduce the imminent danger caused by the emer- 
gency to restore the damaged property to its 
condition immediately before the emergency, or 
to re-establish necessar)' public facilities or trans- 
portation corridors. 

(3) Any permitted erosion control projects shall be 
located no more than 20 feet waterward of the 
endangered structure. 

(4) Fill materials used in conjunction with emergency 



work for storm or erosion control shall be ob- 
tained from an upland source. Excavation below 
MHW in the Ocean Hazard AEC may be allowed 
to obtain material to fill sandbags used for emer- 
gency protection. 

(5) Structural work shall meet sound engineering 
practices. 

(6) This permit allows the use of oceanfront erosion 
control measures for all oceanfront properties 
without regard to the size of the existing structure 
on the property or the date of construction. 

(h) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make inspections at any time deemed necessary 
to be sure that the activity being performed under authority 
of this general permit is in accordance with the terms and 
conditions prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or public use of the waters during or after 
construction. 

(d) TTiis permit will not be ap plicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
This g e neral permit \v\\\ not b e applicabl e to propo se d 
construction when the Department determines, after any 
ncccssar)' investigations, that the proposed aotivit)' would 
adv e rs e ly aff e ct ar e as which poss e ss historic, cultural, 
sc e nic, conservation, or r e cr e ational valu e s. 

(0) This general permit will not be applicable to proposed 
construction where the Department believes that the pro 
posod activity might significantly affect th e quality' of th e 
human environm e nt, or unnec e ssarily e ndanger adjoinmg 
properties. — In those cases, individual pwrmit applications 
and review of the proposed project will be required accord 
ing to 15A NCAC 7J. 

(e) (^ This permit does not eliminate the need to obtain 
any other state, local, or federal authonzation. 

(f) fg) Development carried out under this permit must 
be consistent with all local requirements. CAMA rules, and 
local land use plans, storm hazard mitigation, and 
post-disaster recovery plans current at the time of authoriza- 
tion. 

Authority G.S. 1 13-229(cl): 1 13A-107(a),(b); I13A-113(b); 
113A-118.1. 

SECTION .1800 - GENERAL PERMIT TO ALLOW 

BEACH BULLDOZING LANDWARD OF THE 

MEAN HIGH WATER MARK IN THE OCEAN 

HAZARD AEC 

.1804 GENERAL CONDITIONS 

(a) Any future setback determinations which may be 
required shall be made using the first line of stable natural 



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September 3, 1996 



11:11 



PROPOSED RULES 



vegetation established prior to the bulldozing activity. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make jjeriodic inspections at any time deemed 
necessaiy to ensure that the activity being performed under 
authority of this general permit is in accordance with the 
terms and conditions prescribed herein. 

(c) This general permit will not be applicable to proposed 
construction when the Department determines after any 
necessary investigation that the proposed activity would 
adversely affect areas which possess historical, cultural, 
scenic, conservation or recreational values. If a shipwreck 
is unearthed, all work shall stop and both the Division of 
Archives and history and Coastal Management shall be 
contacted immediately. 

(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
This g e noral p e rmit will not b e applicabl e to propos e d 
oonotruotion wh e ro tho Departm e nt beli e v e s that th e pro 
posod activity' might aignificontly affect the quality of the 
human environment or unnocoosarily endanger adjoining 
proporti e o. — In thooo oaooa. Individual permit application and 
revi e w of th e propoood proj e ct will bo requir e d according to 
15A NCAC 7J. 

(c) This general permit does not convey any rights, cither 
in real e otate or material and doeo not authoriz e any injury 
to proport)' or invasion of rights of oth e r s . 

(e) (^ This permit does not eliminate the need to obtain 
any other required state, local or federal authorization. 

(fl (g)— Development carried out under this permit must 
be consistent with all local requirements, AEC guidelines, 
and local Land Use Plans current at the time of authoriza- 
tion. 

Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-l]3(b); 
113A-118.1. 

SECTION .1900 - GENERAL PERMIT TO ALLOW 

FOR TEMPORARY STRUCTURES WITHIN 

ESTUAREME AND OCEAN HAZARD AECS 



(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activity might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
Th e structur e shall not b e locat e d in ouoh a mann e r that will 
directly or indirectly adversely impact coastal wetlands. 

(e) Tho structure shall not disrupt tho movement of those 
sp e cies of aquatic lif e Lndig e nous to th e wat e rbody. 

£e} (f) Individuals shall allow authorized representatives 
of the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time neces- 
sary to ensure that the activity being performed under 
authority of this general permit is in accordance with the 
terms and conditions prescribed herein. 

(f) (g) This general permit will not be applicable to 
proposed structures when the Department determines that 
the proposed activity would adversely affect areas which 
possess historic, cultural, scenic, conversation conservation 
or recreational values. 

(g) (b) This general permit will not be applicable when 
the Department determines that the proposed activity might 
significantly affect the quality of the environment or 
unnecessarily endanger adjoining properties. In such cases 
an individual permit application and review of the proposed 
project may be initiated using the application forms, fees, 
and procedures required by 15A NCAC 7J. 

(h) (i) This permit does not eliminate the need to obtain 
any other state, local or federal authorization, nor, to abide 
by regulations adopted by any federal, state, or local 
agency. 

(i) (j) Development carried out under this permit must 
be consistent with all local requirements, and local land use 
plans current at the time of authorization. 

Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 
113A- 118.1. 

SECTION .2000 - GENERAL PERMIT FOR 

AUTHORIZING MINOR MODIFICATIONS AND 

REPAIR TO EXISTING PIER/MOORING 

FACILmES IN ESTUARINE AND PUBLIC TRUST 

WATERS 



.1904 GENERAL CONDITIONS 

(a) Temporary structures for the purpose of this general 
permit are those which are constructed within the ocean 
hazard or estuarine system AECs and because of dimensions 
or functions do not meet the criteria of the existing general 
permits (i.e. are not a bulkhead, pier, rip-rap, groin, etc.). 

(b) There shall be no encroachment oceanward of the 
first line of stable vegetation within the ocean hazard AEC 
except for the placement of auxiliary structures such as 
signs, fences, posts, pilings, etc. 

(c) There shall be no fill activity below the plane of 
mean high water associated with the structure. 



.2004 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall conform to 
the standards herein. 

(b) Individuals shall allow authorized representatives of 
the Department of Environment, Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under the authority of this general permit is in 
accordance with the terms and conditions prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or use of the waters by the public by the exis- 
tence of piers or mooring pilings. 



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September 3, 1996 



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PROPOSED RULES 



(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
activit\' might unnecessarily endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the quality of the human environment. 
This general permit will not b e applicabl e to propos e d 
construction when the Department determines, after any 
nccossarv' investigations, that the proposed activity would 
adv e rs e ly affoot areas which poososo historio. cultural. 
soonic. oonoer i 'ation or r o oreational valu e s. 

(e) This gcneml permit svill not be applicable to proposed 
construction where the Department believes that authorizn 
tion may bo warranted, but that th e propos e d activity might 
significantly aff e ct the qualits of th e human e nvironm e nt, or 
unneoessarily endxmgcr adjoining properties. — In those cases, 
individual permit applications and review of the proposed 
project will b e required according to 15A NCAC 7J. 

(e) ff) This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

(D tg^ Development carried out under this permit must 
be consistent with all local requirements, AEC Guidelines, 
and local land use plans current at the time of authorization. 

(g) Ort This general permit will not be applicable where 
the Department determines that the proposed modification 
will result in closure of waters to shellfishing under rules 
adopted by the Commission for Health Services. 

Authority G.S. 113A-W7; 113A-118.1. 

SECTION .2100 - GENERAL PERMFT FOR 

CONSTRUCTION OF MARSH ENHANCEMENT 

BREAKWATERS FOR SHORELINE PROTECTION 

IN ESTUARINE AND PUBLIC TRUST WATERS 

.2104 GENERAL CONDITIONS 

(a) This permit authorizes only the construction of 
breakwaters conforming to the standards herein. 

fb) Individuals shall allow authorized representatives of 
the Department of Environment. Health, and Natural 
Resources to make periodic inspections at any time deemed 
necessary in order to be sure that the activity being per- 
formed under authority of this general permit is in accor- 
dance with the terms and conditions prescribed herein. 

(c) There shall be no significant interference v^ith 
na\igation or use of the waters by the public by the exis- 
tence of the breakwater authorized herein. 

(d) This permit will not be applicable to proposed con- 
struction where the Department believes that the proposed 
acti\ it\' might unnecessarih' endanger adjoining properties 
or significantly affect areas that possess historic, cultural, 
scenic, conservation or recreational values, or that might 
significantly affect the qualit\ of the human environment. 
This gen e ral p e rmit will not b e applicabl e to proposed 
construction wh e n th e D e partm e nt d e t e rmin e s aft e r any 
nccessap i investigation s , that the proposed aotivirv' would 
adverscl> affect areas which possess historic, cultural. 



scenic, conservation, or recreational values. 

( e ) This g e n e ral p> e rmit will not b e applicabl e to propoood 
construction wh e r e th e D e partm e nt d e t e rmin e s that author! 
zation may bo warranted, but that the proposed activity 
might significantly affect the quality of the human environ 
m e nt, or unnooosoarily endanger adjoining properties. — la 
thos e oas e s, individual p e rmit applications and review of th e 
proposed project will bo required aeeording to 15A NCAC 

(e) (I) This permit does not eliminate the need to obtain 
any other required state, local, or federal authorization. 

(f) (g) Development carried out under this permit must 
be consistent with all local requirements, AEC Guidelines, 
and local land use plans current at the time of authorization. 

Authority G.S. 113A-107; 113A-118.1. 

SUBCHAPTER 7K - ACTIVITIES EN AREAS OF 

ENVIRONMENTAL CONCERN WHICH DO NOT 

REQUIRE A COASTAL AREA MANAGEMENT 

ACT PERMIT 

SECTION .0200 - CLASSES OF MINOR 

IVUINTENANCE AND IMPROVEMENTS \MUCH 

SHALL BE EXEMPTED FROM THE CAMA \LUOR 

DEVELOPMENT PERMIT REQUIREMENT 

.0203 PRIVATE BULKHEADS: RIPRAP: AND 
PIERS EXEMPTED 

(a) The N.C. Coastal Resources Commission hereby 
exempts from the Coastal Area Management Act permit 
requirement work in the estuarine shoreline and public trust 
waters areas of environmental concern necessary to main- 
tain, repair, and construct private bulkheads with backfill, 
and to place riprap material along shorelines, and construct 
piers or mooring facilities in waters of North Carolina. 
This exemption is subject to the following conditions and 
limitations: 

(1) The activities exempted by this Rule shall be 
private, non-commercial activities conforming to 
the standards and conditions contained in this 
Rule. This exemption does not apply to develop- 
ment associated with multi-unit residential devel- 
opments larger than duplexes or to marinas, 
commercial harbors, community or neighborhood 
boat access, fish houses or similar commercial 
acti\ities. 

(2) This exemption is applicable only along estuarine 
shorelines void of wetland vegetation types de- 
scribed in NCGS 113-229, or where all construc- 
tion is to be accomplished landward of such 
vegetation, or where the pier is elevated above 
said wetlands. 

(3) This exemption only appUes to bulkheads, riprap, 
and piers in non-oceanfront areas. 

(4) This exemption does not eliminate the need to 
obtain any other required federal, state, or local 



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11:11 



PROPOSED RULES 



authorization. 

(5) Before beginning any work under this exemption 
the Department of Environment, Health, and 
Natural Resources representative must be notified 
of the proposed activity to allow on-site review of 
the bulkhead, riprap material, or pier alignment. 
Notification can be by telephone, in person, or in 
writing. Notification must include: 

(A) the name, address, and telephone number 
of landowner and location of work includ- 
ing county, nearest community, and water 
body; 

(B) the dimensions of the proposed pier, bulk- 
head with backfill, or the area dimensions 
to be covered by placement of riprap mate- 
rial; 

(C) confirmation that a written statement has 
been obtained, signed by the adjacent ripar- 
ian property owners, indicating that they 
have no objections to the proposed work. 
(These statements do not have to be pre- 
sented at the time of notification of intent 
to perform work, but the permittee must 
make it available to CRC agents at their 
request.) 

(6) The landowner must agree to perform the work 
authorized in this Rule in a manner so as to 
conform with standards for development in the 
estuarine shoreline area of enviroimiental concern. 

(b) Bulkheads and Riprap: Conditions 

(1) The permittee shall maintain structure of areas of 
riprap material authorized in this Rule in good 
condition. 

(2) Bulkhead with backfill, and placement of riprap 
material exempted by this Rule will be limited to 
a maximum shoreline length of 200 feet. 

(3) The bulkhead backfill and riprap materials must 
be obtained from an upland source. 

(4) No excavation is exempted under this Rule except 
that which may be required for installation of the 
bulkhead wall, deadmen, cables, piles, etc. 

(5) The proposed bulkhead alignment or area for 
placement of riprap material must be staked or 
flagged by the landowner in consultation with, or 
approved by, a state or federal permit officer 
prior to any construction activity. The bulkhead 
must be pwsitioned so as not to extend more than 
an average distance of two feet waterward of the 
mean high water contour; in no place shall the 
bulkhead be more than five feet waterward of the 
mean high water contour. Construction activities 
must begin 90 days after approval of the align- 
ment or area. 

(6) The bulkhead must be solid structure constructed 
of treated wood, concrete slabs, metal sheet piles, 
corrugated asbestos sheeting, or similar materials. 
A structure made of organic material, tires, car 



bodies, or similar materials is not considered a 
bulkhead. 

(7) The bulkhead must be structurally tight so as to 
prevent seepage of backfill materials through the 
bulkhead. The bulkhead must be constructed 
prior to any backfilling activities. 

(8) Riprap material must consist of clean rock or 
masonry materials such as marl, brick, or broken 
concrete. Materials such as tires, car bodies, 
scrap metal, paper products, tree limbs, wood 
debris, organic material or similar material are 
not considered riprap. 

(c) Piers: Conditions 

(1) Exemptions for pier construction along natural 
shorelines are available only for lots with shore- 
line lengths 75 feet or greater. Exemptions can 
be used on shorelines in human-made canals and 
basins regardless of shoreline length. 

(2} (i) Piers and mooring facilities must not exceed 
300 100 feet in total length off-shore; must not be 
within 150 feet of the edge of a federally main- 
tained channel; must not extend past the four foot 
mean low water contour line (four foot depth at 
mean low water) of the water body; must not 
exceed six feet in width; must not include an 
enclosed structure; and must not interfere with 
estabUshed navigation rights of other users of the 
water body and must have a minimum setback of 
15 feet between any part of the pier and the 
adjacent projjerty owners' areas of riparian aoo e ss 
ao d e oorib e d in 15A NCAC 7H .020 8 (b)(6)(E). 
access. The line of division of areas of riparian 
access shall be estabUshed by drawing a line along 
the channel or deep water in front of the proper- 
ties, then drawing a line perpendicular to the line 
of the channel so that it intersects with the shore 
at the point the upland property line meets the 
water's edge. The four foot mean low water 
restriction shall not apply to piers constructed in 
canals and basins dredged from areas above mean 
high wator (MHW) normal high water (NHW) or 
normal water level (NWL). 

(3) Pi e rs may hav e T h e ads or platforms not e xc ee d 

ing 500 sq. ft. built at their watcrv r 'ard end and 
not Govoring any wotland areas. 

(3) This exemption shall not apply to docks and piers 
being built within shellfish franchises or leases 
unless the applicant for authorization to construct 
can provide written confirmation of no objections 
to the proposal from the lessee. 

(4) Rers authorized by this exemption shall be for the 
exclusive use of the land owner, and shall not 
provide either leased or rented docking space or 
any other commercial services. Piers and moor- 
ing facilities designed to provide docking space 
for more than fe«f two boats shall, because of 
their greater potential for adverse impacts, be 



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September 3, 1996 



924 



PROPOSED RULES 



reviewed through the permitting process, and are, 
therefore, not authorized by this exemption. 

(5) Piers and docks shall in no case extend more than 
one-fourth the width of a natural water body, 
canal or basin. Measurements to determine 
widths of the water body, canals or basins shall 
be made from the waterward edge of any coastal 
wetland vegetation that borders the water body. 
The one-fourth length limitation shall not apply 
when the proposed pier is located between longer 
piers within 200 feet of the applicant's property. 
However, the proposed pier cannot be longer than 
the pier head line established by the adjacent 
piers, nor longer than one-third the width of the 
water body. 

(6) Any portion of a pier (either fixed or floating) 
extending from the main structure and six feet or 
less in width shall be considered either a "T" or 
a finger pier. 

(7) Any portion of a pier (either fixed or floating) 
greater than six feet wide shall be considered a 
platform or deck. 

(8) "T"s. finger piers, platforms and decks of piers 
must not exceed a combined total area of 200 
square feet. 

Authority G.S. 113A-103(5)c: 113A-118(a). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Coastal Resources Commission 
intends to adopt rules cited as 15 A NCAC 7M .0306 - . 0308, 
amend rules .0301 - .0303. .0309 and repeal rules .0304 - 
. 0305. Notice of Subject Matter was published in the 
Register on November 15, 1995. 

Proposed Effective Date: April 1, 1997 

Public Hearing: A public hearing on the subject matter was 
conducted on January 25, 1996. 

Reason for Proposed Action: To amend the Coastal 
Resources Commission's shorefront access guidelines to 
reflect recent trends in the demaruJ for shorefront access as 
well as changes in the enabling legislation (NCOS llA- 
134. 1 et. Seq. ) enacted by the 1995 Session of the General 
Assembly. 

Comment Procedures: The North Carolina Coastal 
Resources Commission will receive mailed written comments 
through October 3, 1996. Comments may be mailed or 
faxed to Richard Shaw, Division of Coastal Management , 
Post Office Box 27687, Raleigh, NC 27611-7687; fax: (919) 
733-1495. 

Fiscal Note: These Rules do not affect the expenditures or 



revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 7M - GENERAL POLICY 
GUTOELINES FOR THE COASTAL AREA 

SECTION .0300 - PUBLIC BEACH AND COASTAL 
WATERFRONT ACCESS POLICIES 

.0301 DECLARATION OF GENERAL POLICY 

It ifl the policy of tho State of North Carolina to foator, 
protect, improve and cnouro optimum acooss to rocr e ational 
opportunitieo at oc e an and es tuarina wat e r b e ach ar s as 
oonoiotont with public righto, righto of privato prop e rty' 
o' l^ Ticrs and tho nood to protect natural roaourcoa, oapociolly 
aand dunos and marsh vegetation. — Tho Stato'a ocean and 
e stuarin e wat e r b e ach e s ar e a rooouro o of otat e wido oignifi 
oano e h e ld in trust for the uoo and e njoym e nt of all th e 
oitizons. The public has traditionally and ouatorrmrily freely 
uaod and had acccaa to thoao roaourcoa and tho State haa a 
reoponsibilit)' to provide continu e d r e asonable acooos to its 
b e ach e s and e stuarin e waters. Th e Stat e of North Carolina, 
therefore, haa created a Coaatal and Eatuarino Water Beach 
Accoaa Program for the purpoao of acquiring, improving 
and maintaining r e cr e ational prop e rty at fr e quently locat e d 
int e p i 'als along th e oc e anfront and e stuarin e shoreline. 
— Man)' privately ov ^ Tiod proportioa in close proximity to tho 
Atlantic Ocean and to eatuarino shorelinoa havo boon and 
will be adv e rs e ly affected by coastal hazards, making th e m 
unsuitabl e for p e rman e nt r e sid e noea. — A public purpose can 
bo aer i 'od by tho acquisition and/or improvement of auch 
proportioa for beach access use by tho gonoral public, 
provid e d that such prop e rti e s ar e appropriat e ly maintain e d 
for this and futur e generations. Th e stat e should acquir e th e 
lands which are moat vulnerable to acvoro eroaion only 
when those lands may bo used for aomo valid public 
purpos e , such as b e ach acc e ss and us e . — Th e state should 
s ee k opportuniti e s for th e acquisition of in e xp e nsive proper 
ttesr — Where feasible, donations and bargain acquisitions 
should be encouraged. 

(a) TTie public has traditionally and customarily had 
access to enjoy and freely use the ocean beaches and 
estuarine and public trust waters of the coastal region for 
recreational purposes and the State has a responsibility to 
provide continuous access to these resources. It is the 
policy of the State to foster, improve, enhance and ensure 
optimum access to the public beaches and waters of the 20 
county coastal region. Access shall be consistent with 
public rights of private property owners and the concurrent 
need to protect important coastal natural resources such as 
sand dunes and coastal marsh vegetation. 

(b) The State has created an access program for the 
purpose of acquiring, improving and maintaining waterfront 
recreational property at frequent intervals throughout the 
coastal region for pedestrian access to these important public 
resources. 



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(c) ^ addition, some properties, due to their location, are (4) 

subject to severe erosion so that development here is not 
possible or feasible. In these cases, a valid public purpose W(5) 

may be served by the donation, acquisition and improvement 
of these properties for public access. 

Authority G.S. 113A-124; 113A-134.1; 113A-134.3. 

.0302 PURPOSE AND DEFINmONS 

The primary purpose of the Public Beach and Coastal 
Waterfront Access program is to provide pedestrian access 
to the public trust waters for the 20 coastal counties. 
fa^l) "Ocean Beach Access" is defined to include the 
acquisition ond^or and improvement of properties 
situated along the Atlantic Ocean for parking and 
public passage to the oceanfront. Beach access 
facilities may include, but are not limited to, ^eK6) 

parking areas, restrooms. showers, picnic areas, 
dressing/shower rooms, concession stands, gaze- 
bos, litter receptacles, water fountains, dune 
crossovers, security lighting, emergency and pay 
telephones, interpretive and public beach access 
signs, and other appropriate facilities. 
(fe)£2i "Estunrino Wator Boach Acccbs" "Coastal Water- 
front Access" is defined to include the acquisition 
and/or and improvement of properties located in 
the tw e nt)' 20 county area under the Coastal Area 
Management Act (CAMA) CAM A jurisdiction 
that aro oituntod along ostunrino v ^ 'atora as doFinod 
by the North Carolina Wildlife R e souro e o Com ffi(7) 

nuGGion and th e Divioion of Marino Fishorieo for 
parldng. boating and pcdoatrian aecoss to cstuarino 
waters, that are coastal waterways to which the 
public has rights of access or public trust rights. 
Ectuarine wat e r b e ach Coastal Waterfront access 
facilities may include, but are not limited to 
parking areas, restrooms. showers, picnic areas, 
boat rampo, fishing piers, boardwalks, dress- 
ing/shower rooms, concession stands, gazebos. 
litter receptacles, water fountains, security light- 
ing, emergency and pay telephones, interpretive 
and public b e aoh coastal waterfront access signs, 
gaz e bos, water fountains, and other appropriate 
facilities. fg4(8) 

(e){3} "Inlet Beach Access" is defined to include the 
acquisition and/or and improvement of buildable 
and unbuildable properties situated along the 
confluence of estuarine and ocean waters for 
parking and public passage to the beach area. 
Inl e t b e aoh aooesa faoiliti eo may include but ar e 
not limit e d to parking aroaa, — r es trooma, litt e r 
rocoptaclos, socurit)' lighting, omorgonoy and pay 
telephones, and public beach accoss signs. — Facili 
ti es should b e s it e d to minimiz e pot e ntial d e otruo 
tion by mov e m e nt of th e inl e t. TTie construction 
of facilities other than parking, litter receptacles 
and public access signs is not encouraged. <¥)(9) 



"Public Trust Waters" is defined in 15A NCAC 



7H .0207(a). 

Tho tor ^ — "beaoh "as — used — ia — those — polioi e s 
"Beach" is defined as an area adjacent to the 
ocean extending from the mean low to the mean 
high water line and beyond this line to where 
either the growth of vegetation occurs or a distkict 
change in slope or elevation occurs, or riparian 
owners have specifically and legally restricted 
access above the mean high water line. This 
definition is intended to describe those shorefront 
areas customarily freely used by the public. The 
following poLicios rocognizo public uso right into 
th e b e aoh ar e as as d e fm e d but do not in any v , 'ay 
requir e private property' own e rs to provid e public 
access to tho boach. 

Local accossways "Local Access Sites" are de- 
fined to include those public access points which 
offer minimal or no facilities, faciliti e s if any at 
aHr They are primarily used by pedestrians who 
reside within a few hundred yards of the site. 
Generally, these accessways are a minimum of tee 
10 feet in width and provide only a dune cross- 
over or pier, if needed, toA litter receptacles and 
public boaoh access signs and aro for tho uso of 
p e d es trian s within a f e w hundr e d yards of th e 
siter Vehicle parking is generally not available at 
these access sites. However, bicycle racks may 
be provided. 

N e ighborhood aocesswa^'s "Neighborhood Access 
Sites" are defined as those public access areas 
offering parking, usually for five to tw e nt)' five 5 
to 25 vehicles, a dune crossover or pier, litter 
receptacles and public b e ach access signs. Such 
accessways are typically 40 to 60 feet in width 
and are primarily for tho use of used by individu- 
als within the immediate subdivision or vicinity of 
the site. If more than 15 parking spao e o ar e 
provid e d, sanitation faciliti es should Restroom 
facilities may be installed. Portable sanitation 
facilitie s are tho minimum accoptablo; — septic 
s)'st e mB and vault privi e s, w'h e r e appropriat e , ar e 
pr e f e rred. 

Regional accessway s "Regional Access Sites" are 
of such size and offer such facilities that they 
serve individuals, the public from throughout an 
island or community including day visitors. 
These sites are handicapped accossiblo and nor- 
mally provide parking for 25 to 80 vehicles, 
restrooms, a dune crossover, pier, boat ramp, 
foot showers, litter receptacles and public beach 
access signs. It is rooommondod — that whoro 
Where possible one-half acre of open space in 
addition to all required setback areas should be 
provided for buffering, day use, nature study or 
similar purposes. 
Multi regional accossv ^ 'ays "Multi-regional Access 



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926 



PROPOSED RULES 



Sites" are generally larger than regional 
accessways but smaller than state parks. Such 
facilities should may be undertaken and con- 
structed with the involvement and support of state 
and local government agencies. Multi-regional 
accessways provide parking for a minimum of 80 
and a maximum of 200 cars, larg e restrooms with 
indoor showers and changing rooms, and conces- 
sion stands, stando, and are acccooiblo to the 

handicapp e d. 1( — io rooomm e nd e d — tfeat — wh e r e 

Where possible two acres of open space in addi- 
tion to all required setback areas should be pro- 
vided for buffering, day use, nature study or 
similar purposes. 
(10) "Urban Waterfront Redevelopment Projects" 
improve public access to deteriorating or under 
utilized urban waterfronts. Such projects include 
the establishment or rehabilitation of boardwalk 
areas, shoreline stabilization measures such as the 
installation or rehabilitation of bulkheads, and the 
placement or removal of pilings for the purpose of 
public safetv and increased access and use of the 
urban waterfront. 

ffi fl 1) Improvements, as related to beach access, aro any 
"Improvements" are facilities which are added to 
promote public access at a spwcific designated 
access site. The most common improvements 
include dune crossovers, piers, boardwalks, litter 
receptacles, parking areas, restrooms, gazebos, 
bicycle racks and foot show e rs, boat ramps, and 
public boach access signs, showers. 

fi-) (12) Maintenance "Maintenance" is the proper upkeep 
and repair of beach public access sites and their 
facilities in such a manner that public health and 
safety is ensured. Maintenanc e is to b e a r e spon 
sibility of the local government unless another 
s uitable party is identified. Where the local 
government uses or has used access funds admin- 
istered by the North Carolina Coastal Manage- 
ment Program (NCCMP), it shall be the local 
government's responsibility to provide operation 
and maintenance of the facility for the useful life 
of that facility. 
(13) "Handicapped Accessible" is defined as meeting 
the standards of the State Building Code and 
federal guidelines for handicapped accessibility. 
An\' facility constructed with these grant funds 
must meet State and Federal regulations for 
handicapped accessibility. 

Authority G.S. 113A-124: 113A-134.3. 

.0303 GUroANCE FOR PUBLIC ACCESS 

(a) Development shall not interfere with the public's right 
of access to the shore front waterfront where such access has 
been established through public acquisition, dedication, or 
customary' u s e. — If such access exists on a site whoro a 



development requiring CAMA approval is to occur, aocoss 
provi s ions including parking and satisfy'ing local roquiro 
m e ntfi must b e spocifi e d in th e p e rmiW donation, acquisition. 
express or implied dedication or prescriptive easement. 

(b) PubUc beach nourishment projects funded by the state 
and federal government will not r e c e iv e initial or additional 
funds unl e ss must include provisions hav e boon mad e or aro 
being made for adequate public beach access within the 
vicinity of the project based on applicable Division of 
Coastal Management standards. The public nouriohmont 
plan should e nsur e prot e ction of public access — rights, 
adequate identification of accessways with CRC public 
access signs, and construotion of rocommondod numbers of 
parking spac e s, dune crossov e rs and r es troom facilities. 

(c) Policies regarding state and federal properties with 
s horefront waterfront areas intended to be used by the public 
must provide for public access and adequate parking so as 
to achieve maximum public use and benefit of these areas 
consistent with established legislation. 

fd^ — State and federal funds for beach access shall be 
provid e d only to localities that also provide protection of the 
frontal dunes and marsh and e stuarin e v e g e tation. 
— (o) The Stat e s hould continu e in its e ffort s to suppl e m e nt 
and improve highway, bridge and feny access to and within 
the 20 county coastal area consistent with the approved local 
land us e plans. — Furth e r, th e State should wh e r e v e r practical 
work to add public fishing catwalks to appropriat e highway 
bridges and should incorporate catwalks in all plans for now 
construction and for remodeling bridges. — It is the policy of 
th e State to s e ek r e p e al of ordinanc e s pr e v e nting fi s hing 
from bridg e s e xc e pt wh e re public safet)' would b e oompro 
miscd. — Where bridges are to be replaced, the acquisition of 
public acce s s at the o l d bridge site should bo obtained. — AH 
D e partm e nt of Transportation and local government e fforts 
r e garding right of way alt e rations within th e tw e nty coastal 
counties should bo coordinated with the Coastal Resources 
Commission to prcsor>'e and enhance public access opportu 
niti e s and to afford th e opportunity to acquire n e o e ssar>' 
public acc e ssways and parldng at th e sam e tim e as additional 
road right of way is being acquired. 

— (4) — All land use plans and state action s to provide 
additional shor e front acc e ss shall r e cogniz e th e n ee d for 
providing acc e ss to e v e r^'on e r e gardl e ss of th e ir s ocial or 
economic status. 

— (-*) — The Commission shall encourage as much beach 
acc e ss a s i s practical for th e e ntir e coast, ba se d on e stimat e d 
needs, with th e r e cognition that th e most appropriat e typ e of 
access will var^' from locality' to locality. 

{h)(d) Ijocal governments are encouraged to participate 
in th e acc e ss program to th e maximum e xt e nt po ss ibl e so 
that a shar e d state local partnership will maximize the 
benefits to the community and to all citizens. — The ocean 
and e s tuarine water beaches ana recognized as a resource of 
s tat e and local significanc e : — all local gov e rnm e nts ar e 
e ncourag e d to activ e ly participat e in th e access program to 
provide acce ss facilitie s to accomimodate s tate and local 
needs. — Local governments are encouraged to acquire and 



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improve proportioo for public boach accoss on an ongoing 
baoio to koop paoo with oommunit)' dovelopm e nt. — Ao a 
gonoral guidolino for long torm planning for boaoh aooooo 
availability', the total number of boach accogg parking a paco s 
should corrogpond to approximately three poroont of the 
oommunit)''o p e alt o e aoonal population. — In oommuniti ea 
with both oc e an and ootunrino ohorolin e o, thooo parking 
spaoos ohould bo apportioned bet^voon ocean and ogtuarino 
accoggwayg bagod on an analygia by the locality of the 
demand for the tv ^ 'o t)'pog of aoc e oo. — Lxjoal govomment'o 
target numb e r of aooogo parking opaoeo may bo higher or 
lov ^ 'or than the rccommondod throe percent baged on a 
critical analysig of the oommunit)''g poalc ooagon population 
and pattern of rooidontial dev e lopment go e xproop e d in th e 
local government's boach aooooo plan. — This analyoio should 
tako into conaidcmtion a roaoonablo cgtimato of the number 
of day vioitorg from the ourrounding area and the poroentngo 
of the communit>''g oeaoonal population that will r e quir e 
parking on or near th e shorelin e . Local governments 
participating in the access program maximize the state/local 
partnership that characterizes the coastal management 
program. The access program serves both year-round and 
seasonal users. In determining parking needs for access, 
particularly for day visitor destination beaches, local 
governments may use die peak seasonal population estimate 
provided in their land use plan. The total access parking 
space needs for a local government is roughly three percent 
of peak seasonal population. This total includes street 
parking, which may not be directly adjacent to the water- 
front. This is a goal and may not be attainable on a project- 
by-project basis, and further local parking space needs 
analysis may be useful in meeting local demands. 

ffl(e) Boach accogg projects shall, to the maximum extent 



ag stated in approved local land uso plana, beach accogg 
plana or outdoor r e cr e ation plans. — Th e otnt e shall hav e l e ad 
roopongibility — fof — th« — provision — ef — r e gional — aad 
multi regional accogg aroag. — Provision of guch acco gg areas 
mugt bo bagod on recommended siting critoria aot out in 
these rulea or baaed on id e ntifi e d n ee da ag atnted in ap 
prov e d local land us e piano, b e aoh aoc e oo plans, and outdoor 
recreation plans. Local governments shall have lead 
responsibiUty for the selection and provision of public access 
sites. Access shall be based on identified needs as stated in 
approved land use plans and water access plans. The 
Division of Coastal Management may provide some assis- 
tance in determining the location of regional and multi- 
regional sites. 

(k) Local govommonto are e nooumgod to pursu e th e l e gal 
perfection, — gup i 'oying and/or gigning of all acceggwaya 
currently on record, bo they dedicated or ogtabliahod by 
oufltomar)' us e , to e nsur e that non e ar e loot to d e v e lopment 
or e ncroachm e nt. 

— (1) The oatuarino accoaa program ia primarily for accogg 
to ogtuarino water boachog; while accogg to ostuarino waterg 
for boating may b e aooociat e d with this, it is not a primary 
obj e ctiv e . 

(h) The primary purpose of the public access program is 
to provide pedestrian access. If however, the preponderance 
of a proposal is pedestrian oriented, boating and fishing 
facilities may be included, provided pedestrian access is the 
primary objective. 

(hi) — Local govommontg are onoouragod to plan for and 
d e v e lop oc e an aoo o oo ar e as oo as to provid e conv e ni e nt 
aco e so opportuniti e s along th e e ntiro length of th e shoreline 
within its jurisdiction. The number, gizo and typo of accoag 
facilities in any given locality should bo based on the local 

feasibl e , bo oonoiat e nt with th e e stablish e d priorities of gov e rnm e nt's analysis of p> e ak s e ason population d e mands aa 

approved local land us e plans, b e ach acc e ss piano and 

outdoor recreation plans, and will bo designed to be free of 

architectural barriora which may limit their uso by the tion levola and the physical naturo of tho ahorolino. — Te 



se t out in Paragraph (h) of thia Rule as well as oth e r looal 
factors such as width of tho community, pormanont popula 



handicapped. Wh e r e grant funds are us e d to acquir e land or 
improv e acc e ss opportuniti e o, local gov e mm e nt o may charg e 
a user fee or foe for off street parking if procoods arc usod 
exclusively for beach accogg maintenance and improvcmcntg. 
Access projects should be consistent with access policies 
contained in the local government's land use plan or a local 
access plan. If a local access plan does not exist, a local 
recreation plan that addresses public access may provide 
guidance as to local needs. 

(f) If Division of Coastal Management grant funds are 
used for a public access project, reasonable user fees may 
be charged as long as those fees are used exclusively for 
operation and maintenance of the access facility. Funding 
from other agencies or sources may carry different regula- 
tions about user fees. Other regulations, including sched- 
ules of operation, may also be established. 

fi4(g) Local gov e rnm e nt s shall hav e l e ad r e spon s ibility 
for th e provision of local and neighborhood acce s s with full 
support and aasistance from tho state. — Provision of local 
and neighborhood accegg must bo ba s ed on identified need s 



furth e r th e long t e rm stat e goal of providing ad e quat e acc ess 

to th e e ntir e ty of th e oc e anfront public trust ar e a, local 

govommont are encouraged to sito noodod accogg facilities 

in a pattern that provides convenient accoas to tho entire 

ohor e lin e ao p e r th e following: 

Local/N e ighborhood Acc e ss Ar e as: on e at e ith e r e nd of th e 

average block in the community; 

Regional Accegs Areas: — ono por local govommont juri s dic 

tion or on e p e r four mil es of s horelin e , which e v e r r e sults in 

mor e fr e qu e nt acooo o opportuniti es ; 

Multi regional Access j\roas: — one per barrier island or one 

por ton mile s of ahoroline, whichovor roaulta in more 

fr e qu e nt aoc e oo opportuniti e s. 

(]} Local governments with ocean beach shorelines may 
plan for the entire length of shoreline within their jurisdic- 
tions to provide the appropriate location, numbers, size and 
facilities needed. Seasonal population figures discussed 
earlier can help in this process. The recommended fre- 
quency of public access is as follows: 

(1) Local/Neighborhood Access Sites - one per block 



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928 



PROPOSED RULES 



in the community; 

(2) Regional Access Sites z QMS. EST locality or one 
per four miles, whichever yields the most public 
access: 

(3) Multi-regional Access Sites ; one per barrier 
island or one per 10 miles whicheyer yields the 
most public access. 

(i) Local governments with estuarine or public trust 
shorelines may consider the following guidance in determin- 
ing public access. TTie recommended frequency is as 
follows: 

(1) Local Access Sites z one per block: 
£2} Neighborhood Access Sites - one per 50 dwelling 
units: 

(3) Regional Access Sites - one per local government 
jurisdiction; 

(4) Multi-regional Access Sites z one per coastal 
county. Parking facilities for these projects shall 
be based on seasonal population estimates. 

ffh) — It is reoommondod that inlot aocoss areas be ostnb 
lishcd to assure and sustain public use of the inlet area for 
fishing and g e n e ral b e ach r e cr e ation. — Publicly d e dicat e d 
roads aro r e oommond e d to b e maintained to inl e t ar e as. 
Because inlet areas arc typically migrator)' and highly 
transient, it is reoommondod that larger tracts of land bo 
acquir e d than would be noodod for th e faoilit; ^ ' its e lf. 

f&) — Local gov e rnm e nts or e e ncouraged to plan for and 
develop ostuarino access aroos according to tho following 
locational guidolines, which are sot forth as aocoss goals 
rath e r than as requirod minimum standards, so as to provide 
conv e nient acc e ss opportuniti e s along th e e ntir e l e ngth of th e 
shoreline within a givon local govommont jurisdiction: 
Local: — located along urbanized waterfronts parallel to tho 
wat e rfront for a minimum width of 10 foot; pedestrian 
acc e ss perpendicular to tho svatorfront should b e located at 
a distance of once ever)' block. 

Neighborhood: — neighborhood access areas should bo located 
ovary 1.000 f ee t along dev e lop e d shor e lin e s. — In r e sid e ntial 
subdivisiono it would b e d e sirable to have a minimum ar e a 
100 feet long adjacent to the shore by 50 feet in depth in 
public ov . 'nership for each 50 residential dwelling units in a 
giv e n subdivision- 
R e gional: — regional acc e ss areas should b e locat e d on barri e r 
islands at a frequency of one per local government jurisdic 
tion or one per four miles of shoreline, whichever r es ults in 
th e provi s ion of tho greater numb e r of faciliti es . — On th e 
mainland. — regional — aocessways — should bo located — at a 
frequency of one per town or county. 

Multi regional: at least one multi regional accosa area should 
b e locat e d in e ach coastal county. 

TTio total number of aoC 'C ss ar e as, their siz e and typ e should 
be based on local government analysis of peak season 
pKjpulation demand as set out in 7M .0303(li) and such other 
factors as ar e set out in Subparagraph (m) of this Rule. 
Location standards s e t out in this paragraph r e pr e s e nt th e 
rccommonded spacing of acce s s areas along the shoreline: 
additional aoocsswavs should be constructed as needed or 



desired. 

(p) Land acquisition for futur e public aoo e oo oppvortuniti e s 
in th e ooaatal area io a major priorit)' for local and stato 

govommonts. Plaiming for access — should include — tbe 

identification of appropriate parcels in land uso plans and 
oth e r policy dooum e nto. 

f%>{M The acquisition of unbuildable lots by local 
governments is considered a priority and is encouraged, is 
a high priority' of the beach aocoss program. — Acquisition of 
such prop e rti e s provide not only opportuniti e s for public 
b e ach acc e ss and us e but also limit th e e noroaohmont of 
private property on tho public beach. 

£1) The construction of facilities other than parking, litter 
receptacles, and public access signs is iiot encouraged in 
inlet beach areas. 

Authority G.S. 1134-124; 113A-134.1; 113A-134.3: 
153A-227(a); 160A-3 14(a); 16 U.S.C. Sec. 1453. 

.0304 LOCAL PARTICIPATION REQUIREMENTS: 
BEACH ACCESS PROGRAM 

fa^ — Asp e cts of local aocossvvay — manag e m e nt may b e 
consid e r e d of such ov e rriding stat e conc e rn that all or any 
combination of tho following conditions may bo imposed on 
any grant for tho purpose of acquisition of property or 
improvements to such prop e rt)' as follow s : 

ft) v e rification of coastal and e stuarino water boaoh 

aoooss inventories prepared for tho localitv' by tho 
Dopartmont and aocoptonco of all dedicated street 
e nds and aoc e ssways providing access to oc e an 
and e stuarin e shor e lin e s; r e f e renc e to tho actual 

dimensions &f each publicly dodieatod 

right of way should also be made: 

(3) e rection, r e plac e m e nt and maint e nance of public 

boaoh aocoss signs approv e d by tho Dopartmont; 

^ adoption of appropriate subdivision ordinances 

requiring tho dedication, timely improvement, and 
id e ntification (Ijy posting of CRC public acc e ss 
signs) of. at a minimum, local and n e ighborhood 
aocessways — a ccording — te — Division — of Coastal 
Management location standards thereby assuring 
physical and visual acc e ss for th e g e n e ral public 
to th e shorefront along e xi s ting and futur e public 
streets and in subdivisions where no public s treets 
oro constructed; 

f4) e stablishm e nt. — posting and — impl e m e ntation — ef 

us e r, sup e n i 'isor)' and maintenanc e standards for 
accessways under local jurisdiction; 

(#) identification of prop>erti es unsuitable for develop 

mont duo to coastal hazards and acquisition and 
sit e dev e lopm e nt strat e gi e s; 

(6) all properties acquired under the beach access 

program be used and maintained for public access 
to th e shor e front; 

(^ in ord e r to e nsur e th e tim e ly compl e tion of ap 

proved projects, time limitations may bo imposed 
on tho acquisition or improvement of appropriate 



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PROPOSED RULES 



proportioa: 

(g) a written oxplanation, wh e r e appropriat e , as to 

why a looal govommont ohooo e o not to roquoot 
funda for the improvomont or acquisition — ef 
proportios unauitablo for roaidontial or commorcial 
dovelopmont or why a local gov e rnm e nt h ft6-^^et 
prepared — public — aoo e os — polici e s — or piano, — e* 
applied for grant assistonco; and 

(9) do' i 'olopmont of a local aoooss plan or adoption of 

on aco e oo r e solution; on acc e oo plan would id e n 
tify e xisting aooooo opportunitioo, probl e ms and 
noods; ostabliah a mcana for dotormining aoooss 
rcquiromonts, — ostnblioh — standards — and — goals; 
gpooif)' implomontation Dtratogios; ootablioh proj e ct 
prioritiao; — examin e — funding — alt e rnativ e s; — aad 
develop appropriate looal polioioo; 

■(40^ development of local funding sources for boaoh 

aooess projeoto which may include but ar e not 
limitod to dev e loper impact fooo, hot e l mot e l tax 
revenues, etc.; 

(1 1) rocommondod adoption of appropriato subdivision 

ordinanc e s r e quiring public d e dication of road 
righto of way parallel and p e rp e ndicular to oc e an 
boaohos and ostuarino shorclinoa and at inlets; and 
requiring the public dedication of local and neigh 
borhood aoc e ssv i 'ayo for uis e of th e r e sid e nts in th e 
Gubdivioion oonoiot e nt with stat e e nabling l e gi s la 

(b) The local govommont has primary responsibility for 
identiiy'ing a oompr e h e nsivo public aco e ss plan. — Th e local 
govommont has primary rosponoibility for o e l e oting parc e ls 
for public acquisition and/or improvement for boach access 
and for endorsing boach aoooss grant applications. — The 
Division of Coastal Monag o mont has primary r e sponsibility 
for administ e ring and d e veloping th e coastal and e stuarin e 
water — access — program — and — secondary — responsibility — te 
provide appropriato tochnieal assistfuice to local govern 
m e nto. 



Authority G.S. 113A-124; 113A-134.3. 

.0305 MANDATORY PUBLIC NOTICE 

Prior to any grant award by th e Stat e und e r th e Coastal 
Beach Aocess program, the proj e ot sponsoring agency 
will conduct a public meeting allowing discussion on th e 
plac e m e nt and maint e nanc e of any beach aooess facility 
or the acquisition of any suitabl e property for beach 
acc e ss. 

Authority G.S. 113A-134.3. 

.0306 LOCAL GOVERNMENT AND STATE 
INVOLVEMENT IN ACCESS 

(a) Coastal Waterfront access in the 20-county coastal 
area is a concern of local, state, regional and national 
importance. As such, the NCCMP can provide some 
guidance as to location of facilities that are of multi-regional 



and regional significance. The local government, however, 
has the primary responsibility for identifying local, neigh- 
borhood and regional accessways through its land use plan 
policies and local access plan. 

(1) A local policy in a land use plan sets the commu- 
nity objectives for access; a local government may 
determine that public access is not a pressing 
issue and thus develop a policy of private sector 
access provision and no public involvement. 
Similarly local governments may: 

(i) identify numerous access needs and develop 

local policy to pursue access funding; 
£ii} develop a local access plan; and 
(iii) soUcit access sites through corporate assis- 
tance. 

(2) A local access plan should identify needs and 
opportunities, determine access and facility re- 
quirements, estabUsh local standards, and develop 
specific project design plans or guidelines by 
appropriate site. A local plan should consider 
both financial resource availability (such as 
grants, impact fees or hotel/motel tax revenues) 
and construction timing. It should establish local 
priorities and devise a system for armual evalua- 
tion of the plan. 

(3) Local governments may also include provisions in 
local subdivision ordinances that require access 
for waterfront developments or require payment 
in Ueu of access for non-water dependent subdivi- 
sions. The principle here is that, a^ land is 
subdivided and more people become residents, 
access and other recreation demands will follow. 

£4} Dedicated street stub outs may be acceptable for 
accessways when reviewed on a case-by-case 
basis. 

(b") The NCCMP has primary responsibility for adminis- 
tering the coastal access program. Annually, the Division 
of Coastal Management (PCM) will solicit for pre-applica- 
tion proposals from local governments and will select 
competitive projects for full application submittal. A group 
of these final applications will be selected for funding based 
on guidelines in Rule 7M .0305 of this Section and antici- 
pated fund availability. 

(c) DCM will ensure all projects funded through the 
annual grant program are making reasonable progress 
throughout project implementation and ensure that completed 
projects are operated and maintained for access purposes. 

Authority G.S. 113A-124; 113A-134.3. 

.0307 ELIGIBLE APPLICANTS/GRANT 
SELECTION CRITERIA 

Any local government in the 20 coastal county region 
having ocean beaches, estuarine or public trust waters within 
its jurisdiction may apply for access funds: 
(1) Eligible projects include: 

(a) Land acquisition, including acquisition of 



11:11 



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September 3, 1996 



930 



PROPOSED RULES 



(2) 



13} 



14} 



unbuildable lots: 
fb) Local Access Sites; 

(c) Neighborhood Access Sites; 

(d) Regional Access Sites; 

(e) Multi-regional Access Sites; 

(f) Urban waterfront development projects; 
and 

(g) Reconstruction or relocation of existing, 
damaged facilities. 

The following general criteria will be used to 
select projects that may receive Financial assis- 
tance. These criteria assist the Division of 
Coastal Management in carrying out the goals of 
this program. Other factors may also be consid- 
ered in the funding decision: 
(a) Applicant demonstrates a need for the 
project due to a high demand for public 
access and limited opportunities: 
£b] Project is identified in a local beach or 
waterfront access plan; 

(c) Applicant has not received previous assis- 
tance from this grant program; 

(d) .Applicant's commitment of matching funds 
exceeds the required local share of the total 
project cost provided in Item (3) of this 
Rule; 

Project proposal includes multiple funding 
sources: 



le} 



The project location includes donated land 
deemed unbuildable due to regulations or 
physical limitations; and 
(g) Applicant has demonstrated its ability to 
complete previous projects successfully 
with funds from this grant program. 
Local government contributions must be at least 
25 percent of the project costs. At least one half 
of the local contribution must be cash match; the 
remainder may be in-kind match. 
Multi-phase projects and previous contingency 
projects will be considered on their own merits 
within the pool of applications being reviewed in 
that year. 



Authority- G.S. 113A-124; 113A- 134.3. 

.0308 PUBLIC INVOLVEMENT/NOTICE 

Prior to submitting its final application for a public access 
grant from the Division of Coastal Management, the local 
government shall hold a public meeting or hearing to discuss 
its proposal. The local government shall consider public 
comments prior to hs decision to apply for funds from the 
State. 

Authority G.S. 113A-124; 113A-134.3. 



.MU .0309 COMPLIANCE WITH THE NORTH 
CAROLINA ENVIRONMENTAL POLICY 



ACT 

The b e ach public access program shall comply with the 
requirements of the North Carolina Environmental Policy 
Act (NCEPA) and rules adopted by the Department of 
Environment, Health, and Natural Resources concerning 
NCEPA implementation as set out in 15A NCAC IC .0201 
- .0504. Future amendments by the Department shall be 
deemed to be incorporated into this Rule pursuant to G.S. 
150B-14(c). 

Authority G.S. 113A-2; 113A-124. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Resources Com- 
mission intends to amend rules cited as 15A NCAC 7M 
.0401 - .0403. 

Proposed Effective Date: April 1. 1997 

A Public Hearing will be conducted at 4:00 p.m. on 
September 26. 1996 at Sea Trail Plantation & Golf Resort, 
211 Clubhouse Road. Sunset Beach. NC 28468. 

Reason for Proposed Action: The State needs to clarify 
existing policy statements pertaining to energy production in 
the coastal region, especially for e.xploration and production 
on the Outer Continental Shelf. The proposed amendments 
will clarify for applicants the criteria necessary for siting 
energy facilities. Tfiese are the policies and the criteria the 
state will use to review proposed facilities and activities for 
consistency with the State's coastal management program. 

Comment Procedures; All persons interested in this maner 
are invited to attend the public hearings. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than October 3, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearings. Additional information concerning 
the hearings or the proposals may be obtained b\ contacting 
Kim Crawford. Ocean Resources Specialist. EHNR Division 
of Coastal Management, PO Box 27687, Raleigh, NC 
27611-7687: (919) 733-2293. 

Fiscal Note: These Rules do not affect the e.xpenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

SECTION .0400 - COASTAL ENERGY POLICIES 

.0401 DECLARATION OF GENERAL POLICY 

(a) It is hereby declared that the general welfare and 
public interest require that a reliable sourc e sources of 
energy be made available to the citizens of North Carolina. 



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PROPOSED RULES 



It is further declared that the development of energy 
facilities and energy resources within the state and in 
offshore waters can serve important regional and national 
interests. However, unwise development of energy facilities 
or energy resources can conflict with the recognized and 
equally important public interest that rests in conserving and 
protecting the valuable land and water resources of the state 
and nation, particularly coastal lands and waters. There- 
fore, in order to balance the public benefits attached to 
necessary energy development against the need to protect 
valuable coastal resources, the planning of future land ases 
and uses, the exercise of regulatory authority authority, and 
determinations of consistency with the North Carolina 
Coastal Management Program shall assure that the develop- 
ment of energy facilities and energy resources shall avoid 
significant adverse impact upon vital phyaical roscurcos. 
coastal resources, public trust areas and pubUc access rights. 
(b) Exploration for the development of offshore and 
Outer Continental Shelf (PCS) energy resources has the 
potential to affect coastal resources. The Federal Coastal 
Zone Management Act of 1972. as amended, requires that 
federal oil and gas leasing actions of the U.S. Department 
of the Interior be consistent to the maximum extent practica- 
ble with the enforceable policies of the federally approved 
North Carolina Coastal Management Program. Plans 
submitted to the Department of Interior for exploration, 
development or production in an PCS lease area that include 
actions that may affect any land or water use or natural 
resource of the coastal area shall be consistent with enforce- 
able policies. For the purposes of such required consis- 
tency, enforceable policies a pplicable to PCS activities must 
include all the provisions and policies of this Rule, as well 
as any other applicable federally approved components of 
the North Carolina Coastal Management Program. All 
permit applications, plans and assessments related to 
exploration or development of PCS resources and other 
relevant energy facilities must contain adequate information 
to allow in-depth analysis of the consistency of all proposed 
activities with these Rules and policies. 

Authority G.S. 113A-102(b); 113A-107; 113A-124. 

.0402 DEFINmONS 

(a) "Asscasmont" "Impact Assessment" is an analysis 
which fully discusses the environmental, economic and 
social consequences of a proposed project. At a minimum, 
the assessment should shall include the following informa- 
tion: 

(1) a full discussion of the preferred site for tho 
proj e ct; sites for those elements of the project 
affecting any land or water use or natural re- 
sources of the coastal area: 
(A) In all cases where the preferred site is 
located within an AEG area of environmen- 
tal concern (AEC) or on a barrier island, 
the appUcant shall identify alternative sites 
considered and present a full discussion [in 



terms of (2) through ( 8 ) of this Subaoction] 
Subparagraphs (a) (2) through (8) of this 
Rulel of the reasons why the chosen loca- 
tion was deemed more suitable than another 
feasible alternate site; 

£B} If the preferred site is not located within an 
AEC or on a barrier island, the applicant 
shall present reasonable evidence to support 
the proposed location over a feasible alter- 
nate site; 

(C) In those cases where an applicant chooses 
a site previously identified by the state as 
suitable for such development and the site 
is outside an AEC or not on a barrier 
island, alternative site considerations will 
not be required as part of this assessment 
procedure; 

(2) a full discussion of the economic impacts, both 
positive and negative, of the proposed project; 
This discussion should focus on economic impacts 
to the public sector and shall not bo deemed to 
include public, not on matters that are purely 
internal to the corporate operation of the appli 
cant, and no a pplicant. No proprietary or confi- 
dential economic data will be required. This 
discussion shall include analysis of likely adverse 
impacts upon the ability of any governmental unit 
to furnish necessary services or facilities as well 
as other secondary impacts of significance; 

(3) a full discussion of potential lik e ly or probabl e 
adverse impacts on estuarine or coastal resources; 
resources based on industiy oxperionoe; 

(4) a full discussion of potential lilcoly or probable 
adverse impacts on existing industry or probable 
unr e asonabl e and potential limitations on the 
availability of natural resources, particularly 
water, for future industrial development, based on 
industry e xp e ri e nc e ; development; 

(5) a full discussion of potential lik e ly or probabl e 
significant adverse impacts on recreational uses 
and scenic resources, based on industr)' expcri 
e no e ; scenic, archaeological and historic re- 
sources; 

(6) a full discussion of potential likely or probable 
risks of danger to human life or property; 

(7) other specific data necessary for the various state 
and federal agencies and commissions with juris- 
diction to evaluate the consistency of the proposed 
project with relevant standards and guidelines; 

(8) a specific demonstration that the proposed project 
is consistent with relevant local land use plans and 
with guidelines governing land uses in areas of 
environmental concern. AECs. 

If appropriate environmental documents are prepared and 
reviewed under the provisions of the National Environmen- 
tal Policy Act (NEPA) and/or and the North Carolina 
Environmental Policy Act (NCEPA), this review will satisfy 



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September 3, 1996 



932 



PROPOSED RULES 



this definition of "assosamont" "impact assessment" if all 
issues listed in this Subs e ction Paragraph (a) of this Rule are 
addressed and these documents are submitted in sufficient 
time to be used to review subsoquont state permit applica- 
tions for the project, project or subsequent consistency 
determinations. 

(h) "Major energy facilities" are those energy facilities 
which because of their size, magnitude aed or scope of 
impacts, have the potential to signifiotmtly affect tho oooatal 
zon e , any land or water use or natural resource of the 
coastal area. For purposes of this definition, major energy 
facilities shall include, but are not necessarily limited to, the 
following: 

(1) Any facility capable of refining oil; 

(2) Any terminals (and associated facilities) capable 
of handling, processing, or storing liquid propane 
gas, liquid natural gas, or synthetic natural gas; 

(3) Any oil or gas storage facility that is capable of 
storing 15 million gallons or more on a single 
site: 

(4) Electric generating facilities 300 MGW or larger; 

(5) Thermal energy generation; 

(6) Major pipelines 12 inches or more in diameter 
that carry crude petroleum, natural gas, liquid 
natural gas, liquid propane gas, or synthetic gasr 
gas; 

(7) Structures, including drillships and floating plat- 
forms and structures relocated from other states 
or countries, located in offshore waters for the 
purposes of exploration for, or development or 
production of, oil or natural gas; and 

(8) Onshore support or staging facilities related to 
exploration for, or development or production of. 
oil or natural gas. 

(c) "Offshore waters" ; definition referencing Submerged 
Lands Act and Outer Continental Shelf Lands Act. 

Authority G.S. 113A-102(b); 113A-107: 113A-124. 

.0403 POLICY STATEMENTS 

(a) The placement and operations of major energy 
facilities in or affecting any land or water use or natural 
resource of the North Carolina coastal zon e area shall be 
done in a manner that allows for protection of the environ- 
ment and local and regional socio-economic goals as set 
forth in the local land-use plan(s) and State guidelines in 
15A NCAC 7H and 7M. The placement and operation of 
such facilities shall be consistent with established state 
standards and rules and shall comply with local land use 
plans and with guidehnes for land uses in ar e as of e nviron 
m e ntal cono e m. AECs. 

(h) Applicants Proposals, plans and permit applications 
for major energy facilities to be located in or affecting any 
land or water use or natural resource of the North Carolina 
coastal zon e shall, area shall include prior to con s truction, 
make a full disclosure of all costs and benefits associated 
with the project. This disclosure shall be prepared at the 



earliest feasible stage in planning for the project and shall be 
in the form of an impact assossmont. assessment prepared 
by the applicant as defined in 15A NCAC 7M .0402. 

(c) Local governments shall not unreasonably restrict the 
development of necessary energy facilitios and shall facili- 
ties; however, they shall be encouraged to develop siting 
measures that will minimize impacts to local r e sourooo. 
resources and to identify potential sites suitable for energy 
facilities. 

(d) In coastal shor e lin e ar e as which hav e r e oogni zed- 
rooroational b e n e fits or with id e ntified aoooss probl e ms, 
those major onorgy Energy facilities that do not require 
shorefront access shall be sited inland of the coastal zono. 
shoreline areas. In other instances when shoreline portions 
of the coastal zone area are necessary or pref e rr e d locations, 
shoreline siting will be acceptable only if it can be demon- 
strated that coastal waters resources and public trust waters 
will be adequately protected, the public's right to access and 
passage will not be unreasonably restricted, and all reason- 
able mitigating measures have been taken to minimize 
impacts to AECs. 

(e) The scenic and visual qualities of coastal areas shall 
be considered and protected as important public resources. 
Energy facility development shall be sited and designed to 
protect views to and along the ocean, sounds and scenic 
coastal areas, to minimize the alteration of natural land 
forms, and to be visually compatible with the character of 
surrounding areas. 

(f) AU energy facilities in or affecting any land or water 
use or natural resource of the coastal area shall be sited and 
operated so as to be consistent with the following criteria to 
the maximum extent practicable. 

(1) Risks of environmental harm to fish spawning 
areas shall be assessed and minimized. 

(2) For facilities requiring an Oil Spill Contingency 
Plan pursuant to 30 CFR 250.42 or other Federal 
or State regulations, the Plan must be approved by 
the State prior to permit or consistency decisions. 
The Plan shall completely assess the risks of 
spills, evaluate possible trajectories, and enumer- 
ate response and mitigation measures employing 
the best available technology to be followed in the 
event of a spill. The Plan must adequately dem- 
onstrate that the potential for oil spills and ensu- 
ing damage to coastal resources has been mini- 
mized. 

(3) Dredging, spoil disposal and construction of 
related structures that are reasonably likely to 
affect any land or water use or natural resource of 
the coastal area shall be minimized, and any 
unavoidable actions of this sort shall minimize 
damage to the marine environment. 

(4) Damage to or interference with existing or tradi- 
tional uses, such as fishing, navigation and access 
to public trust areas, and areas with high biologi- 
cal or recreational value, shall be avoided to the 
extent that such damage or interference is reason- 



933 



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September 3, 1996 



11:11 



PROPOSED RULES 



(5} 



ably likely to affect any land or water use or 
natural resource of the coastal area. 
Placement of structures in geologically unstable 
areas, such as unstable sediments and active 
faults, shall be avoided to the extent that damage 
to such structures resulting from geological 
phenomena is reasonably likely to affect any land 
or water use or natural resource of the coastal 



(6) Wildlife destruction or relocation shall be assessed 
and minimized to the extent that such destruction 
or relocation is reasonably likely to affect any 
land or water use or natural resource of the 
coastal area. 

(7) Adverse impacts on species identified as threat- 
ened or endangered on Federal or State lists shall 
be avoided. 

(8) No energy facihties will be sited in components of 
the North Carolina Coastal Reserve, in State- 
owned parks, recreation areas or historic sites, in 
federal or state wildlife refuges, or in national 
parks or seashores. 

(9) No energy facilities will be sited in areas where 
they pose a threat to the integrity of the facility 
and surrounding areas, such as ocean front areas 
with high erosion rates, areas having a history of 
overwash or inlet formation, and areas in the 
vicinity of existing inlets. 

(10) In the siting of energy facilities and related struc- 
tures, the following areas shall be avoided to the 
maximum extent practicable: 

(A) areas of high biological significance, in- 
cluding offshore reefs, rock outcrops and 
hard bottom areas, sea turtle nesting 
beaches, freshwater and saltwater wetlands, 
primary nursery areas, submerged aquatic 
vegetation beds, shellfish beds, anadromous 
fish spawning and nursery areas, and colo- 
nial bird nesting colonies: 

(B) major tracts of maritime forest and other 
important natural areas as identified by the 
North Carolina Natural Heritage Program; 

(C) crossings of streams, rivers, and lakes 
except for existing readily-accessible corri- 
dors: 

(D) designated National Historic Landmarks 
and sites listed in or determined eligible for 
the National Register of Historic Places: 

(E) anchorage areas and congested port areas; 

(F) artificial reefs, shipwrecks, and submerged 
archaeological resources; 

(G) dump sites; 

(H) areas of large dunes or well-developed 

frontal dune systems; 
(T) heavily developed and heavily used recre- 
ation areas. 

(1 1) Where impacts on these areas cannot be avoided. 



and the impact affects any land or water use or 
natural resource of the coastal area, damage shall 
be mitigated to the maximum extent practicable, 
and affected areas shall be restored to their origi- 
nal functions pursuant to a plan of reclamation, 
which must be a part of the consistency determi- 
nation or permit. 

(12) Construction of energy facilities shall occur only 
during periods of lowest biological vulnerability. 
Nesting and spawning periods shall be avoided. 

(13) If facilities located in the coastal area are aban- 
doned, habitat of equal value to or greater than 
that existing prior to construction shall be restored 
as soon as practicable following abandonment. 
For abandoned facilities outside the coastal area, 
habitat in the areas shall be restored to its precon- 
struction state and functions as soon as practicable 
if the abandonment of the structure is reasonably 
likely to affect any land or water use or natural 
resource of the coastal area. 

Authority G.S. 113A-102(b); 113A-107; 113A-124. 



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September 3, 1996 



934 



PROPOSED RULES 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 58 - REAL ESTATE COMMISSION 

Notice is )ierebv given in accordance with G.S. 150B-21.2 that the North Carolina Real Estate Commission intends to 
amend rule cited as 21 NCAC 58A .0104. Notice of Rule-making Proceedings was published in the Register on July 
1. 1996. 

Proposed Effective Date: March 1, 1997 

A Public Hearing will be conducted at 9:00 a.m. on September 18, 1996 at the North Carolina Real Estate Commission, 
1313 Navaho Drive, Raleigh. NC 27609. 

Reason for Proposed Action: To enable a real estate firm, which represents both the buyer and the seller in the same real 
estate sales transaction, to designate one or more individual brokers or salesmen associated with the firm to represent only 
the interests of the seller and one or more other individual brokers and salesmen associated with the firm to represent only 
the interests of the buyer in the same transaction. 

Comment Procedures: Comments regarding the rules may be made orally or submitted in writing at the public hearing. 
Written comments not submitted at the hearing may be sent to or delivered to Mr. Stephen L. Fussell c/o North Carolina Real 
Estate Commission, P.O. Box 17100, Raleigh, NC 27619-7100, so as to be received by October 3, 1996. 

Fiscal Note: This Rule does not (jffect the expenditures or revenues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 58A - REAL ESTATE BROKERS AND SALESMEN 

SECTION .0100 - GENERAL BROKERAGE 

.0104 AGENCY AGREEMENTS AND DISCLOSURE 

(a) Ever\' listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall be in writing, shall provide for its existence for a definite period of time and shall provide for its termination 
without prior notice at the expiration of that period. 

("b) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall contain the following provision: The broker shall conduct all his brokerage activities in regard to this 
agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any buyer, 
prospective buyer, seller or prospective seller. The provision shall be set forth in a clear and conspicuous manner which 
shall distinguish it from other provisions of the agreement. For the purposes of this Rule, the term, familial status, shall 
be defined as it is in G.S. 41A-3(lb). 

(c) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall incorporate the "Description of Agent Duties and Relationships" prescribed by the Commission which shall 
be set forth in a clear and conspicuous manner and shall not include or be accompanied by any additional text which 
contradicts its meaning and substance. The "Description of Agent Duties and Relationships" shall read as follows: 

DESCRIPTION OF AGENT DUTIES AND RELATIONSHIPS 

Before you begin working with any real estate agent, you should know who the agent represents in the transaction. Every listing agreement, 
buyer agency agreement or other agreement for brokerage services in a real estate sales transaction in North Carolina must contain this "Description 
of Agent Duties and Relationships" [N.C. Real Estate Commission Rule 21 NCAC 5SA .0104(c), eff. 7/1/95 J. Real estate agents should carefully 
review this information with you prior to entering into any agency agreement. 

AGENTS' DUTIES 

When you contract with a real estate firm to act as your agent in a real estate transaction, the agent must help you obtain tjie best price and terms 
possible , whether you are the buyer or seller. The agent also owes you the dutj' to: 



935 NORTH CAROLINA REGISTER September 3, 1996 11:11 



PROPOSED RULES 



• Safeguard and account for any money handled for you 

• Be loyal and follow reasonable and lawful instructions 

• Act with reasonable skill, care and diligence 

• Disclose to you any information which might influence your desicision to buy or sell 



Even if the agent does not represent you, the agent must still be fair and honest and disclose to you all "material facts" which the agent knows 
or reasonably should know. A fact is "material" if it relates to defects or other conditions affecting the property, or if it may influence your 
decision to buy or sell. 77ii.r does not require a seller's agent to disclose to the buyer the minimum amount the seller will accept, nor does it 
require a buyer's agent to disclose to the seller the maximum price the buyer will pay. 

AGENTS WORKING WITH SELLERS 

A seller can enter into a "listing agreement" with a real estate firm authorizing the firm and its agent(s) to represent the seller in finding a buyer 
for his property. The listing agreement should state what the seller will pay the listing firm for its services, and it may require the seller to pay 
the firm no matter who finds the buyer. 

The listing fum may belong to a listing service to expose the seller's property to other agents who are members of the service. Some of those 
agents may be working with buyers as buyers' agents; others will be working with buyers but still representing the sellers' interests as a agent 
or "subagent. " When the buyer's agents and seller's subagents desire to share in the commission the seller pays to the listing firm, the listing 
agent may share the commission with the seller's permission. 

AGENTS WORKING WITH BUYERS 

A buyer may contract with an agent or fum to r^resent him (as a buyer's agent), or may work with an agent or firm that represents the seller 
(as a seller's agent or subagent). All parties in the transaction should fmd out at the begiiming who the agent working with the buyer represents. 

If a buyer wants a buyer's agent to represent him in purchasing a property, the buyer should enter into a "buyer agency agreement" with the 
agent. The buyer agency agreement should state how the buyer's agent will be paid. Unless some other arrangement is made which is 
satisfactory to the parties, the buyer's agent will be paid by the buyer. Many buyer agency agreements will also obligate the buyer to pay 
the buyer's agent no matter who finds the property that the buyer purchases. 

A buyer may decide to work with a firm that is acting as agent for the seller (a seller's agent or subagent). If a buyer does not enter into a 
buyer agency agreement with the fum that shows him properties, that fum and its agents will show the buyer properties as an agent or subagent 
working on the seller's behalf. Such a firm represents the seller (not the buyer) and must disclose that fact to the buyer. 

A seller's agent or subagent must still treat the buyer fairly and honestly and disclose to the buyer all material facts which the agent knows or 
reasonably should know. The seller's agent typically will be paid by the seller. If the agent is acting as agent for the seller, the buyer should 
be careful not to give the agent any information that the buyer does not want the seller to know. 

DUAL AGENTS 

A real estate agent or firm may represent more than one party in the same transaction only with the knowledge and consent of all parties for 
whom the agent acts. "Dual Agency" is most likely to occur when a buyer represented by a buyer's agent wants to purchase a property listed 
by that agent's firm. A dual agent must carefully explain to each party that the agent and the agent's firm are also acting for the other party. 

In any dual agency situation, the agent must obtain a written agreement from the parties which fully describes the obligations of the agent and 
the agent's firm to each of them. 

Immediately after the "Description of Agent Duties and Relationships", every listing and buyer agency agreement shall contain the following 
provision, including a box which the agent shall check when the provision is applicable; " D This firm represents both sellers and buyers. This 
means that it is possible that a buyer we represent will want to purchase a property owned by a seller we represent. When that occurs, the agent 
and firm listed above will act as dual agents if all parties agree." 

(d) A broker or brokerage firm representing one party in a transaction shall not undertake to represent another party in 
the transaction without the express, written authority of each party. 

(e) In every real estate sales transaction, a broker or salesman working directly with a prospective buyer as a seller's 
agent or subagent shall disclose to the prospective buyer at the first substantial contact with the prospective buyer that the 
broker or salesman represents the interests of the seller. The broker or salesman shall make the disclosure on the 
"Disclosure to Buyer fix)m Seller's Agent or Subagent" form prescribed by the Commission. If the first substantial contact 
occurs by telephone or by means of other electronic communication where it is not practical to provide written disclosure, 
the broker or salesman shall immediately disclose by similar means whom he represents and shall immediately, but in no 
event later than three days from the date of first substantial contact, mail or otherwise transmit a copy of the form to the 
buyer. 



11:11 NORTH CAROLINA REGISTER September 3, 1996 936 



PROPOSED RULES 



(f) In every real estate sales transaction, a broker or salesman representing a buyer shall, at the initial contact with the 
seller or seller's agent, disclose to the seller or seller's agent that the broker or salesman represents the buyer's interests. 
In addition, in every real estate sales transaction other than auctions, the broker or salesman shall, no later than the time 
of delivery of an offer to the seller or seller's agent, provide the seller or seller's agent with a written confirmation 
disclosing that he represents the interests of the buyer. The written confirmation may be made in the buyer's offer to 
purchase. 

(g) The provisions of Paragraphs (c), (d) and (e) of this Rule shall not apply to real estate licensees representing sellers 
in auction sales transactions. 

(h) A broker or salesman representing a buyer in an auction sale transaction shall, no later than the time of execution 
of a written agreement memorializing the buyer's contract to purchase, provide the seller or seller's agent with a written 
confirmation disclosing that he represents the interests of the buyer. The written confirmation may be made in the written 
agreement. 

(i} A firm which represents both the buyer and the seller in the same real estate sales transaction is a dual agent and 
through the brokers and salesmen associated with the firm shall disclose its dual agency to the buyer and seller. 

{]} When a firm represents both the buyer and seller in the same real estate sales transaction, the firm may designate 
one or more individual brokers or salesmen associated with the firm to represent only the interests of the seller and one 
or more other individual brokers and salesmen associated with the firm to represent only the interests of the buyer in the 
transaction. An individual broker or salesman shall not be so designated and shall not undertake to represent only the 
interests of one party if the broker or salesman has actually received confidential information concerning the other party 
in connection with the transaction. 

(k) When a firm acting as a dual agent designates an individual broker or salesman to represent the seller, the broker 
or salesman so designated shall represent only the interest of the seller and shall not, without the seller's permission, 
disclose to the buyer or a broker or salesman designated to represent the buyer: 

(1) that the seller may agree to a price, terms, or any conditions of sale other than those established by the seller: 

(2) the seller's motivation for engaging in the transaction unless disclosure is otherwise re quired by statute or rule; 
and 

(3) any information about the seller which the seller has identified as confidential unless disclosure of the information 
is otherwise required by statute or rule. 

£1} When a firm acting as a dual agent designates an individual broker or salesman to represent the buyer, the broker 
or the salesman so designated shall represent only the interest of the buyer and shall not, without the buyer's permission, 
disclose to the seller or a broker or salesman designated to represent the seller: 

(1) that the buyer may agree to a price, terms, or any conditions of sale other than those offered by the buyer: 

(2) the buyer's motivation for engaging in the transaction unless disclosure is otherwise required by statute or rule: 
and 

(3) any information about the buyer which the buyer has identified as confidential unless disclosure of the information 
is otherwise required by statute or rule. 

(m) A broker or salesman designated to represent a buyer or seller in accordance with Paragraph (h) of this Rule shall 
disclose the identity of all of the brokers and salesmen so designated to both the buyer and the seller. TTie disclosure shall 
take place no later than the presentation of the first offer to purchase or sell. 

(n) When an individual broker or salesman represents both the buyer and seller in the same real estate sales transaction 
pursuant to a written agreement authorizing dual agency, the parties may provide in the written agreement that the broker 
or salesman shall not disclose the following information about one party to the other without permission from the party 
about whom the information pertains: 

(1) that a party may agree to a price, terms or any conditions of sale other than those offered: 

(2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule: 
and 

(3) any information about a party which that party has identified as confidential, unless disclosure is otherwise 
required by statute or rule. 



Authority G.S. 41A-3(lb); 93A-3(c). 



937 NORTH CAROLINA REGISTER September 3, 1996 11:11 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 1508-21. 1(e), publication of a temporary rule in the North Carolina Register serves as a notice 
of rule-making proceedings unless this notice has been previously published by the agency. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: EHNR/NC Marine Fisheries 

Rule Citation: 15A NCAC 3M .0202, .0504, .0511. Rule- 
making Proceedings was published in the Register on May 
1, 1996. 

Effective Date: September 1, 1996 

Findings Reviewed by Julian Mann, ID: Approved 

Authority for the rule-making: G.S. 113-134; 113-182; 
113-221; 143B-289.4 

All Public Hearings will be conducted at 7:00 p.m. on: 
September 19, 1996 

Archdale Building 

Ground Floor Hearing Room 

512 N. Salisbury Street 

Raleigh, NC 

September 23, 1996 

NC Aquarium 

Airport Road 

Manteo, NC 

September 24, 1996 

Beaufort County Community College 

Six miles east of Washington 

Washington, NC 

September 25, 1996 

UNCW 

Cameron Hall 

601 S. College Road 

Wilmington, NC 

September 26, 1996 

Duke University Marine Lab Auditorium 

Pivers Island 

Beaufort, NC 

Reason for Proposed Action: House Bill 1077, ratified 
June 21, 1996, authorizes temporary rules to establish bag 
limits for spotted seatrout and bag and size limits for striped 
bass, bluefish and weakfish. 



SUBCHAPTER 3M - FINFISH 



SECTION .0200 - STRIPED BASS 



.0202 



(2) 
(3) 
(4) 
(5) 



(6) 



SEASON, SIZE AND HARVEST LEVflT: 
INTERNAL COASTAL WATERS 

(a) The Fisheries Director may, by proclamation, impose 
any or all the following restrictions on the taking of striped 
bass in internal coastal waters: 

(1) Specify season or seasons: 

(A) for hook-and-line fishing, 

(B) for commercial fishing equipment between 
October 1 and April 30. 

Specify areas. 
Specify quantity. 
Specify means/methods, 

Specify fliz e for fioh tokon by oomm e roial fiohing 
oquipmont, size, but the minimum size specified 
shall not be less than 18 inches total length, and 
Require submission of statistical and biological 
data. 
Fish that do not meet the minimum size limit specified by 
proclamation shall immediately be returned to the waters 
from which taken regardless of condition. 

£b} The Fisheries Director may, by proclamation, 
impose any or all the following restrictions on the taking of 
striped bass by hook-and-line in internal coastal waters in 
order to comply with the management requirements incor- 
porated in the North Carolina Estuarine Striped Bass Plan: 
(1) Specify quantity, but shall not exceed possession 
of more than three fish in any one day, and 
Specify size, but the minimum size specified shall 
not be less than 18 Inches total length. 
fb) — It is unlawful to possess atriped baas tnlccn from 
internal coaatal waters loaa than 18 inchoa total length. 

(o) It lo unlawful to poso e oo more than thr ee striped baao 
per poroon p e r day talcon by hook and lino from Internal 
coastal waters. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. March 1, 1996; November 1, 1991; 

Temporary Amendment Eff. September 1, 1996. 



£2} 



Comment Procedures: Written comments may be submit- 
ted through October 3, 1996 to Juanita Gaskill, APA 
Coordinator, PO Box 769, Morehead City, NC 28557. 
Oral comments may be presented at the public hearings. 

CHAPTER 3 - MARINE FISHERIES 



SECTION .0500 - OTHER FINHSH 

.0504 TROUT 

(a) Spotted seatrout (speckled trout). It is unlawful to 
possess s potted seatrout loaa than 12 inches total length. 
The Fisheries Director may, by proclamation, specify the 
quantity for the taking of spotted seatrout by hook-and-line 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



938 



TEMPORARY RULES 



in order to comply with the management requirements 
incorporated in the Atlantic States Marine Fisheries Com- 
mission Fishery Management Plan for Spotted Seatrout. 
(b) Weakfish (gray trout). 

(1) The Fisheries Director may, by proclamation, 
impose any or all of the following restrictions on 
the taking of weakfish by commercial gear: 

(A) Specify areas. 

(B) Specify seasons. 

(C) Specify quantity. 

(D) Specify means/methods. 

(E) Specify size, but the minimum size shall 
not be greater than 12 inches total length. 

(3^ WoaltFioh txikon by hook and lin e : 

^A3 It io unlawful to pooo e cs w e olcfish l e as than 

12 iachca total length taken by hook and 

(S) It is unlawful to pooo e ss moro than four 

woalcFioh p e r p e roon p e r day talton by 
hook and lino. 

(2) The Fisheries Director may, by proclamation, in 
order to comply with the Atlantic States Marine 
Fisheries Commission Weakfish Management 
Plan, impose any or all of the following restric- 
tions on the taking of weakfish by hook-and-line: 

(A) Specify quantity, 

(B) Specify size. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. March 1, 1996; March 1, 1995; February 1, 

1992; 

Temporary Amendment Ejf. September 1 , 1996. 

.0511 BLUEnSH 

(a) In order to comply with the management require- 
ments incorporated in the Fishery Management Plan for 
Bluefish developed cooperatively by the Mid-Atlantic 
Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, the Fisheries Director may, by 
proclamation, take any or all of the following actions in the 
bluefish commercial fishery: 

( 1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means/methods; and 

(6) Require submission of statistical and biological 
data. 

(b) In order to comply with the management require- 
ments incorporated in the Fishery Management Plan for 
Bluefish developed cooperatively by the Mid-Atlantic 
Fisheries Management Council and the Atlantic States 
Marine Fisheries Commission, the Fisheries Director may, 
by proclamation, take any or all of the following actions in 
the bluefish hook-and-line fishery: 



(1) Specify size; 

(2) Specify quantity. 

(b) It io unlawful to poooono blu e fish l e ss than 12 inohoo 
total length tak e n by hook and lino. 

{ej — It ia unlawful to possoss moro than 20 bluofioh por 
p e rson p e r day tjik e n by hook and lin e . 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. March 1. 1994; 

Amended Eff. March 1, 1996; 

Temporary Amendment Eff. September 1, 1996. 

Rule-making Agency: EHNR/NC Marine Fisheries 

Rule Citation: 15A NCAC 3M .0507 

Effective Date: September 1. 1996 

Findings Reviewed by Julian Mann, HI: Approved 

Authority for the rule-making: G.S. 113-134; 113-182; 
113-221; 143B-289.4 

Reason for Proposed Action: National Marine Fisheries 
Services adopted a rule, effective June 18, 1996, changing 
the size limit for yellowfin tuna to 27 inches. This federal 
rules pre-empts NC Marine Fisheries rule. 

Comment Procedures: Comments may be submitted in 
writing within 60 days after the date of publication of the 
issue of the North Carolina Register. 

SECTION .0500 - OTHER FINFISH 

.0507 RECREATIONAL FISHING RESTRICTIONS 

(a) Blue marlin: 

(1) It is unlawful to possess blue marlin less than 86 
inches in length from the lower jaw to the fork in 
the tail. 

(2) It is unlawful to possess more than one blue 
marlin per person per day. 

(b) White marlin: 

(1) It is unlawful to possess white marlin less than 62 
inches in length from the lower jaw to the fork in 
the tail. 

(2) It is unlawful to possess more than one white 
marlin per person per day. 

(c) Sailfish: 

(1) It is unlawful to possess sailfish less than 57 
inches in length from the lower jaw to the fork in 
the tail. 

(2) It is unlawful to possess more than one sailfish 
per person per day. 

(d) Cobia: 



939 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



TEMPORARY RULES 



(1) It is unlawful to possess cobia less than 33 inches 
fork length taken by hook-and-line. 

(2) It is unlawful to possess more than two cobia per 
person per day taken by hook-and-line. 

(e) Dolphin: 

(1) It is unlawful to possess more than 10 dolphin 
per person per day. 

(2) Exemptions: 

(A) Charter vessels with a valid National Ma- 
rine Fisheries Service Charter Vessel 
Coastal Migratory Pelagic Permit and 
licensed by the U.S. Coast Guard to carry 
six or less passengers for hire, may pos- 
sess a maximum of 60 dolphin per day 
regardless of the number of people on 
board. 

(B) Vessels with a valid commercial National 
Marine Fisheries Service Federal Coastal 
Migratory Pelagic Permit including 
charterboats when fishing with three or 
less persons (including captain and mate) 
on board are exempt from the creel limits 
set out in Subparagraph (e)(1) of this Rule. 

(f) It is unlasvful to possoss yoUowfin tuna loss than 22 
inohos fork length talcon b)' hook and lino. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Ejf. January 1, 1991; 

Amended Eff. March 1, 1996; March 1, 1994; February 1, 

1992; September 1, 1991; 

Temporary Amendment Ejf. September 1, 1996. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 37 - BOARD OF NURSING HOME 
ADMINISTRATORS 

Rule-making Agency: North Carolina State Board of 
Examiners for Nursing Home Administrators 

Rule Citation: 21 NCAC 37D .0202; 37G .0102 

Effective Date: August 15, 1996 

Findings Reviewed by Julian Mann, HI: Approved 

Authority for the rule-making: G.S. 90-280 

Reason for Proposed Action: Pursuant to the direction of 
the State Budget Office, these rules are being amended to 
increase the initial licensure and renewal fees. 



228, Raleigh, NC, 27612 by November 4, 1996. 
SUBCHAPTER 37D - NEW LICENSES 
SECTION .0200 - APPLICATION FOR LICENSE 

.0202 EVrriAL LICENSURE FEE 

The appUcant shall send to the Board, prior to licensure, 
an initial licensure fee of throo hundred dollara ($300.00) 
three hundred twenty five dollars ($325.00) when applicant 
has successfiiUy passed the examinations as required by the 
Board under Sections .0600 and .0700 of this Chapter. 

History Note: Filed as a Temporary Amendment Ejf. July 

13, 1982 for a period of 120 days to expire on November 9, 

1982; 

Authority G.S. 90-280; 

Eff. February 1, 1976; 

Amended Eff. August 1, 1977; 

Readopted Eff. October 1, 1981; December 15. 1977; 

Amended Eff. February 1, 1991; October 1, 1982; 

December 30, 1981; 

Transferred and Recodified from 21 NCAC 37A .0302 Eff. 

April 1, 1996; 

Amended Eff. August 1, 1996; 

Temporary Amendment Eff. August 15, 1996. 

SUBCHAPTER 37G - RENEWAL, INACTIVE, 

RESTORATION AND REINSTATEMENT, 

DUPLICATE 

SECTION .0100 - RENEWAL REQUIREMENTS 

.0102 RENEWAL FEE 

Upon making appUcation for a new certificate of registra- 
tion a licensee shall pay a bieimial licensure fee of throo 
hundred dollars ($300.00). three hundred twenty-five 
dollars ($325.00). 

History Note: Filed as a Temporary Amendment Eff. July 

13, 1982 for a period of 120 days to expire on November 9, 

1982; 

Authority G.S. 90-280; 90-285; 90286; 

Eff. February 1, 1976; 

Amended Eff. August 1, 1977; April 8, 1977; 

Readopted Eff. December 15, 1977; 

Readopted w/ change Eff. October 1 , 1981; 

Amended Eff. February 1, 1991; May 1, 1989; December 

1, 1983; October 1, 1982; 

Transferred and Recodified from 21 NCAC 37A .0904 Eff. 

April 1, 1996; 

Amended Eff. August 1, 1996; 

Temporary Amendment Eff. August 15, 1996. 



Comment Procedures: Any interested person may submit 
written comments on the proposed rule changes by mailing 
the comments to Jane Baker, 3733 National Drive, Suite 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



940 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. September 19. 1996 
gl 10:00 a.m. Anyone wishing to submit written comment on any rule before the Commission should submit those 
comments to the RRC staff, the agency, and tfie individual Commissioners by Monday, September 16. 1996. at 5:00 p.m. 
Specific instructions and addresses may be obtained from the Rules Re\'iew Commission at 919-733-2721. Anyone wishing 
to address the Commission should not if,' the RRC staff and the agency at least 24 hours prior to the meeting. 



i 



RULES REVIEW COMIVnSSION MEMBERS 



Appointed by Senate 

Vernice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Jennie J. Hayman - Chairman 
Bill Graham 
Paul Powell 
Ed Shelton 



RULES REVIEW COMMISSION MEETING DATES 



September 19, 1996 
October 17, 1996 



November 21, 1996 
December 19, 1996 



MEETING DATE: SEPTEMBER 19, 1996 



FOLLOW UP MATTERS: 



DHR Social Services Commission - 
Insurance - 

EHNR Environmental Management Commission 



Revenue - 
Transportation 

Division of Highways - 

Public Transportation and Rail Division 
Psychology Board - 



10 NCAC 41F .0707, .0813, .0814 

11 NCAC 20 .0101, .0402, .0404, .0406, .0501, .0502, .0505, 
.0701 

15A NCAC 2B .0101, .0103, .0109, .0201, .0202, .0231 

(Rule .0231 was Noticed as Rule .0220) 

15A NCAC 2C .0211. .0213, .0214 

15A NCAC 2H .0501, .0502, .0503, .0504, .0506, .0507 

17 NCAC IC .0504 



19A NCAC 2D .1102, 
19A NCAC 6B .0412 
21 NCAC 54 .1901 



.1108, .1111 



RULES SUBMITTED: 



LOG OF FILINGS 
JULY 23, 1996 THROUGH AUGUST 20, 1996 



AGENCY/DIVISION 



RULENAJME 



RULE 



ACTION 



DEHNR/COASTAL RESOURCES CO\CVnSSION 

General Definitions 



15A NCAC 7H .0106 



Amend 



DEHNR/WILDLIFE RESOURCES CONEVHSSION 

Beaufort County 

Dare County 

Definitions and Procedures 

DEHNR/COMlVnSSION FOR HEALTH SERVICES 

Definitions 
General Provisions 



15A NCAC lOF 


.0303 


Amend 


15A NCAC lOF 


.0310 


Amend 


15A NCAC 101 


0001 


Repeal 


15A NCAC 13C 


.0301 


Adopt 


15A NCAC 13C 


.0302 


Adopt 



i 



941 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



RULES REVIEW COMMISSION 



Approval 


15A NCAC 13C .0303 


Adopt 


Mmimum Qualifications 


15 A NCAC 13C .0304 


Adopt 


Standards of Conduct 


15A NCAC 13C .0305 


Adopt 


Technical Standards 


15A NCAC 13C .0306 


Adopt 


Departmental Audits 


15A NCAC 13C .0307 


Adopt 


Cleanup Levels 


ISA NCAC 13C .0308 


Adopt 


TRANSPORTATION/DIVISION OF MOTOR VEHICLES 






Certificate 


19 A NCAC 3E .0501 


Amend 


Purchase of For Hire License Tags 


19A NCAC 3E .0502 


Amend 


Interstate Carriers 


19A NCAC 3E .0510 


Amend 


Registration 


19ANCAC 3E .0511 


Amend 


Registration & Identification 


19ANCAC 3E .0512 


Amend 


Evidence of Liability Security 


19A NCAC 3E .0513 


Amend 


Issuance of Identification Stamps 


19A NCAC 3E .0514 


Amend 


Designation of Process Agent 


19A NCAC 3E .0515 


Amend 


Registration 


19ANCAC 3E .0518 


Amend 


Registration Required 


19A NCAC 3E .0519 


Amend 


Evidence of Liability Security 


19A NCAC 3E .0522 


Amend 


NC STATE BOARD OF DENTAL EXAMINERS 






Approved Education 


21 NCAC 16H .0104 


Amend 


Specific Permitted Functions 


21 NCAC 16H .0202 


Amend 


Permitted Functions 


21 NCAC 16H .0203 


Amend 


Record Content 


21 NCAC 16T .0001 


Adopt 


Transfer of Records 


21 NCAC 16T .0002 


Adopt 


Secretary-Treasurer 


21 NCAC 16U .0101 


Adopt 


Investigative Panel 


21 NCAC 16U .0102 


Adopt 


Processing 


21 NCAC 16U .0201 


Adopt 


Disposition 


21 NCAC 16U .0202 


Adopt 


Pre-hearing Conferences 


21 NCAC 16U .0203 


Adopt 


Settlement Conferences 


21 NCAC 16U .0204 


Adopt 



NC STATE BOARD OF EXAMINERS OF FEE-BASED PRACTICING PASTORAL COUNSELORS 

Approved Supervision 21 NCAC 45 .0801 Adopt 



NC BOARD FOR LICENSING OF SOIL SCIENTISTS 








Authority 


21 NCAC 69 


.0101 


Adopt 


Duties of Officers 


21 NCAC 69 


.0102 


Adopt 


Seal of the Board 


21 NCAC 69 


.0103 


Adopt 


Fees 


21 NCAC 69 


.0104 


Adopt 


Application Procedure 


21 NCAC 69 


.0201 


Adopt 


Expirations and Renewals 


21 NCAC 69 


.0202 


Adopt 


Introduction 


21 NCAC 69 


.0301 


Adopt 


Definitions 


21 NCAC 69 


.0302 


Adopt 


Requirements 


21 NCAC 69 


.0303 


Adopt 


Units 


21 NCAC 69 


.0304 


Adopt 


Determination of Credit 


21 NCAC 69 


.0305 


Adopt 


Recordkeeping 


21 NCAC 69 


.0306 


Adopt 


Exemptions 


21 NCAC 69 


.0307 


Adopt 


Reinstatement 


21 NCAC 69 


.0308 


Adopt 


Code 


21 NCAC 69 


.0401 


Adopt 


Rules of Conduct 


21 NCAC 69 


.0402 


Adopt 


Improper Practice 


21 NCAC 69 


.0501 


Adopt 



11:11 



NORTH CAROLINA REGISTER 



Septembers, 1996 



942 



RULES REVIEW COMMISSION 



RULES REVIEW OBJECTIONS 
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

15A NCAC 2B .0101 - General Procedures RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

15A NCAC 2B .0103 - Analytical Procedures RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

15A NCAC 2B .0109 - Waters AJfected by Dredge and Fill Activities RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

ISA NCAC IB .0201 - Antidegradation Policy RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

15 A NCAC 2B .0202 - Definitions RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

15A NCAC 28 .0231 - Wetland Standards (Rule .0231 was Noticed as Rule .0220) RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

15A NCAC 2C .0211 - Permits RRC Objection 08/15/96 

15A NCAC 2C .0213 - Additional Criteria and Standards Applicable to Class 5 Wells RRC Objection 08/15/96 

15 A NCAC 2C .0214 - Abandonment and Change-of-Status of Wells RRC Objection 08/15/96 

15A NCAC 2D .0501 - Compliance with Emission Control Standards RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15A NCAC 2D .0608 - Program Schedule RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15A NCAC 2D .0901 - Definitions RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15 A NCAC 2D .0926 - Bulk Gasoline Plants RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15A NCAC 2D .0934 - Coating of Miscellaneous Metal Parts and Products RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15A NCAC 2D .1109 - Case-by-Case Maximum Achievable Control Technology RRC Objection 06/20/96 

Agency Revised Rule Obj. Removed 06/20/96 

15A NCAC 2H .0501 - Purpose RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

15A NCAC 2H .0502 - Application RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

15A NCAC 2H .0503 - Public Notice RRC Objection 07/18/96 

No Response from Agency Obj. Contd 08/15/96 

15A NCAC 2H .0504 - Hearing RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

15A NCAC 2H .0506 - Criteria for Review of Applications RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 

15A NCAC 2H .0507 - Issuance of Certification RRC Objection 07/18/96 

No Response from Agency Obj. Cont 'd 08/15/96 



Commission for Health Services 

15 A NCAC 18A .3106 - Abatement 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



07/18/96 
08/15/96 



Wildlife Resources Commission 

15A NCAC lOF .0104 - Certificate of Number 

Agency Revised Rule 
15A NCAC lOF .0105 - Numbering Pattern 

Agency Revised Rule 
15A NCAC lOF .0342 - Catawba County 

Rule Withdrawn by Agency 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



07/18/96 
08/15/96 
07/18/96 
08/15/96 

07118/96 



943 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



RULES REVIEW COMMISSION 



HUMAN RESOURCES 



Social Services Commission 

10 NCAC 41F .0707 - Criminal Histories 

No Response from Agency 
10 NCAC 41F .0813 - Criminal History Checks 

No Response from Agency 
10 NCAC 41F .0814 - Training Requirements 

No Response from Agency 



INSURANCE 

11 NCAC 20 .0101 
11 NCAC 20 .0402 
11 NCAC 20 .0404 
11 NCAC 20 .0406 
11 NCAC 20 .0501 
11 NCAC 20 .0502 
11 NCAC 20 .0505 
11 NCAC 20 .0701 



Definitions 

Organization Structure 

Application 

Provider Files 

Program 

Structure 

Quality of Care Complaints 

Accessibility of Providers 



MEDICAL BOARD 

21 NCAC 32H .0702 - Requests 
No Response from Agency 
Rule Returned to Agency for Failure to Respond Pursuant to G.S. 150B-21.12 

EXAMINERS FOR NURSING HOME ADMINISTRATORS 

21 NCAC 37H .0102 - Continuing Education Programs of Study 
Agency Revised Rule 

BOARD OF PHARMACY 

21 NCAC 46 . 1601 - Pharmacy Permits 

Agency Revised Rule 
21 NCAC 46 .1607 - Out-of-State Pharmacies 

Rule Withdrawn by Agency 
21 NCAC 46 .1811 - Excessive Dispensing of Prescription Drugs 

Agency Revised Rule 
21 NCAC 46 .2502 - Responsibilities of Pharmacist-Manager 

Agency Revised Rule 
21 NCAC 46 .2504 - Patient Counseling 

Agency Revised Rule 

PSYCHOLOGY BOARD 

21 NCAC 54 .1901 - Types 

REAL ESTATE COMMISSION 

21 NCAC 58A .0104 - Agency Agreements and Disclosure 

Agency Revised Rule 
21 NCAC 58A .0113 - Reporting Criminal Convictions 

Agency Revised Rule 
21 NCAC 58A .0502 - Business Entities 

Agency Revised Rule 
21 NCAC 58A .0610 - Subpoenas 

Agency Revised Rule 
21 NCAC 58E .0302 - Elective Course Component 

Agency Responded 

Agency Revised Rule 



RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


08/15/96 


RRC Objection 


04/18/96 


Obj. Cont'd 


05/16/96 


Obj. Cont'd 


06/20/96 


RRC Objection 


07/18/96 


Obj. Removed 


08/15/96 


RRC Objection 


06/20/96 


Obj. Removed 


06/20/96 




06/20/96 


RRC Objection 


06/20/96 


Obj. Removed 


06/20/96 


RRC Objection 


06/20/96 


Obj. Removed 


06/20/96 


RRC Objection 


06/20/96 


Obj. Removed 


06/20/96 


RRC Objection 


08/15/96 


RRC Objection 


06/20/96 


Obj. Removed 


07/18/96 


RRC Objection 


06/20/96 


Obj. Removed 


07/18/96 


RRC Objection 


06/20/96 


Obj. Removed 


06/20/96 


RRC Objection 


06/20/96 


Obj. Removed 


07/18/96 


RRC Objection 


06/20/96 


Obj. Cont'd 


07/18/96 


Obj. Removed 


08/15/96 



11:11 



NORTH CAROLINA REGISTER 



Septembers, 1996 



944 



RULES REVIEW COMMISSION 



REVENUE 

17 NCAC IC .0504 - EFT General Requirements 



RRC Objection 08/15/96 



TRANSPORTATION 



Division of Highways 

19A NCAC 2D .1102 - Definitions 

19A NCAC 2D . 1108 - Goals 

19A NCAC 2D .1111 - Performance Related Replacement of Eligible Firms 



RRC Objection 
RRC Objection 
RRC Objection 



08/15/96 
08/15/96 
08/15/96 



Public Transportation and Rail Division 

19A NCAC 6B .0412 - Procurements 



RRC Objection 08/15/96 



945 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Ojfice of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JUUAN MANN, m 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores Nesnow Smith 
Thomas R. West 



DECISION 



AGENCY 



CASE 
NUMBER 



AL,r 



DATE OF 
DECISION 



PUBLISHED 
REGISTER CITATION 



ADMINISTRATION 



Douglas J. Register v. Department of Administration 
ALCOHOLIC BEVERAGE CONTROL COMMISSION 



96 DO A 0172 Reilly 



08/16/96 



Osama Arafat Sadar v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. James Eads Sprowles 

Fuad Saif Murshed v. AJc. Bev. Oil. Comm. & Durham Mem. Bapt. Ch. 

Alcoholic Beverage Control Commission v. Tremik, Inc. 

Alcoholic Beverage Control Commission v. Maria Virginia Tramontano 

Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc. 

Pinakin P. Talate v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Entrepreneur, Inc. 

Alcoholic Beverage Control Commission v. Zell, Inc. 

Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 

Andrew Parker v. Alcoholic Beverage Control Commission 

Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 

Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 

Alcoholic Beverage Control Commission v. E.K.'s n, Inc. Carl E. Collins 95 

Bro Bee, Inc. v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Donald Ray Doak 

Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 

Alcoholic Beverage Control Commission v. Well Informed, Inc. 

Alcoholic Beverage Control Commission v. Kubbard, Inc. 

Alcoholic Beverage Control Commission v. Stemmermans's, lac. 

George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 96 

Alcoholic Beverage Control Commission v. Robert Montgomery McKnight96 

Gerald Audry Sellars v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 

Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 

Alcoholic Beverage Control Commission v. C.N.H. Enterprises, Inc. 

Alcoholic Beverage Control Commission v. Millicent J. Green 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883*' 


Gray 


07/10/96 




95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1458 


Chess 


08/12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 




96 ABC 0058 


Becton 


04/16/96 




96 ABC 0135 


Phipps 


05/09/96 




96 ABC 0160 


Becton 


06/25/96 


11:08 NCR 564 


96 ABC 0184 


Phipps 


05/09/96 




96 ABC 0226 


Phipps 


08/02/96 




96 ABC 0232 


Becton 


07/09/96 




96 ABC 0234 


Nesnow Smith 


06/13/96 





11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



946 



CONTESTED CASE DECISIONS 



AGENCY 



Ghassan Hasan Issa v. Alcoholic Beverage Control Commission 
Alcooholic Beverage Control Commission v. Triangle Drive-In 
Alcoholic Beverage Control Commission v. Clifton Franklin Smith 
Dilthra Smith Patton v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowlee 
Alcoholic Beverage Control Commission v. Albert S. Carter 
Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent. 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 ABC 0256 


Morrison 


05/23/96 


96 ABC 0443 


Reilly 


06/11/96 


96 ABC 0474 


ReiUy 


08/12/96 


96 ABC 0505 


Morrison 


08/06/96 


96 ABC 0526*' 


Gray 


07/10/96 


96 ABC 0534 


Morrison 


08/05/96 


96 ABC 0583 


Reilly 


08/12/96 



PUBLISHED DECISION 
REGISTER CITATION 



COMMISSION FOR AUCTIONEERS 



John W. Foster v. Auctioneer Licensing Board 
CRIME CONTROL AND PUBLIC SAFETY 



96 CFA 0201 



Phipps 



05/06/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 

Victims Compensation Comm. 
Robert F. Broosdon v. Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Deborah C. Passarelli v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T. Mungo v. Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Anthony P. Dawkins v. Crime Victims Compensation Commission 
Shirley M. King v. Crime Victims Compensation 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 CPS 0568 


Morrison 




05/29/96 






95 CPS 1216 


Chess 




05/28/96 






95 CPS 1336 


Nesnow Smith 


03/29/96 


11:02 NCR 


93 


95 CPS 1399 


Reilly 




07/18/96 


11:09 NCR 


814 


95 CPS 1445 


Chess 




03/26/96 






96 CPS 0056 


Nesnow Smith 


07/03/96 






96 CPS 0110 


Reilly 




04/18/96 






96 CPS 0118 


Chess 




03/19/96 






96 CPS 0280 


West 




07/10/96 






96 CPS 0333 


Reilly 




07/09/96 






96 CPS 0493 


Morrison 




06/13/96 






96 CPS 0716 


Reilly 




08/16/96 






96 CPS 0802 


West 




08/08/96 







Gribble & Assoc. & Four Seasons Car Wash v. EHNR 

Wilton Evans v. Environment, Health, & Natural Resources 

David Martin Shellon v. Rockingham County Dept/Public Health, EHNR 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Elsie & Tony Cecchini v. Environment, Health, & Natural Resources 

United Organics Corporation v. Environment, Health, & Natural Res. 

Gerald Mac Clamrock v. Environment, Health, Sl Natural Resources 

John Milazzo v. Environment. Health, & Natural Resources 



95 EHR 0576 


Gray 


04/25/96 






95 EHR 0843 


Reilly 


07/17/96 






95 EHR 0941 


West 


05/01/96 






95 EHR 1198*^ 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199*^ 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1240 


Reilly 


04/22/96 






96 EHR 0064 


Nesnow Smith 


07/01/96 






96 EHR 0168 


Phipps 


05/06/96 






96 EHR 0644 


Reilly 


08/13/96 







Coastal Resources 



Martin W. Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D. Barns v. Town of Long Beach, NC & Coastal Mgmt, EHNR 96 EHR 0277 



Chess 


05/13/96 


Nesnow Smith 


02/23/96 


West 


05/09/96 



Environmental Health 



Forest Gale Motel v. Environment, Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norbum v. EHNR, Env. Health 

Environmental Management 



96 EHR 0076 
96 EHR 0162 



Herman E. Smith v. Division of Environmental Management 95 EHR 0962 

Conovcr Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 95 EHR 1081 

Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 95 EHR 1421 

The Smithfield Packing Co., Inc., v. EHNR, Environmental Mgmt. 95 EHR 1474 
and 
Citizens for Clean Industry, Inc. and Bladen Environment 

Clover M Farms, Inc. v. EHNR, Division of Environmental Management 96 EHR 0405 

Providence Glen Associates v. Environmental Management, EHNR 96 EHR 0648 



West 
Phipps 



06/17/96 
05/06/96 



West 


04/30/96 


Reilly 


04/12/96 


Morrison 


04/08/96 


West 


07/03/96 


Becton 


06/10/96 


Becton 


08/12/96 



Land Resources 



K&G Properties, Inc. v. EHNR, Division of Land Resources 



95 EHR 1078 



Nesnow Smith 



03/25/96 



947 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AL.I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Marine Fisheries 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 95 EHR 0320 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 96 EHR 0003 
Johnny R. Stotesbeiry v. Marine Fisheries Commission 96 EHR 0072 



Solid Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR, Solid Waste Management Division 

WIC Program 

Lazelle Marks v. EHNR, Division of Maternal and Child Health 
Hani Sader v. Nutrition Services, Div/Matemal & Child Health, EHNR 
Bob's Quick Mart, Bobby D. Braswell v. Env., Health, & Natural Res 
Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog. 
Naser H. Hammad v. Envirorunent, Health, & Natural Resources 
Khaled M. Alzer v. Environment, Health, & Natural Resources 

EQUAL EMPLOYMENT OPPORTUNITIES 

Carl D. Davis v. Department of Correction 
HUMAN RESOURCES 



95 EHR 1190** 

96 EHR 0554** 



Chess 


03/29/96 


11:03 NCR 168 


Reilly 


03/06/96 




Gray 


08/19/96 


11:11 NCR 955 



Gray 
Gray 



91 EEC 1101 Nesnow Smith 



05/22/96 
05/22/96 





95 EHR 0870 


West 


03/27/96 


HNR 


96 EHR 0054 


West 


05/22/96 


Res. 


96 EHR 0091 


Nesnow Smith 


04/02/96 


EHNl 


^ 96 EHR 0164 


Phipps 


03/19/96 




96 EHR 0632 


Reilly 


07/09/96 




96 EHR 0721 


Reilly 


07/30/96 



05/06/96 



94 DHR 0872*' 


Gray 


05/15/96 


95 DHR 1013*5 


Gray 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 
Medicus Robinson v. Department of Human Resources 96 DHR 0167 Nesnow Smith 

Division of Child Development 

Molly Fallin v. Department of Human Resources 
Molly Fallin v. Department of Human Resources 
Mary T. Hill v. DHR, Division of Child Development 
Tola Roberson v, DHR, Division of Child Development 
Zannie M. Allen v. DHR, Division of Child Development 

Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 Phipps 

Certificate of Need Section 

Nash Hospitals, Inc. v. DHR, Div/Facility Services, Cert, of Need Sect. 95 DHR 1176** Phipps 
Pitt Cty Mem. Hospital, Inc. v. DHR, Div/Facility Sries, Cert/Need Sect. 95 DHR 1177** Phipps 

Group Care Licensure Section 

Alex L. McCall v, DHR, Div/Facility Svcs, Group Care Licensure Sec. 95 DHR 1456 Nesnow Smith 
DHR, Facility Services, Group Care Licensure Sect. v. Petrova Evans 96 DHR 0544 Phipps 

Medical Facilities Licensure Section 



03/28/96 
04/12/96 



03/07/96 



05/23/96 
05/23/96 



03/26/96 
08/21/96 



11:06 NCR 
11:06 NCR 



389 
389 



Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie. Sec. 

Division of Medical Assistance 



96 DHR 0240 
96 DHR 0358 



Reilly 
Morrison 



Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 Gray 

Division of Social Services 

Crystean Fields v. Department of Human Resources 

Rozena Chambliss v. Department of Human Resources 

Addie &. Major Short v. Department of Human Resources 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 

William G. Fisher v. DHR, Div. of Social Services, Prog Integrity Branch 95 DHR 1234 

Vema F. Nunn v. Department of Human Resources 



06/18/96 
05/16/96 



06/12/96 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Nesnow Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



948 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Nancy Hooker. Helen Tyndall v. Department of Human Resources 



96DHR 0155 



Gray 



04/26/96 



ChiLd Support Enforcement Section 

Donald E. Rideout Jr. v. Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr. v. Department of Human Resources 
Richard R. Fox, Sr. v. Department of Human Resources 
Josellto D. Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v. Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vcrecn v. Department of Human Resources 
James Curtis Wiiwer v. Department of Human Resources 
Thomell Bowden v. Department of Human Resources 
Henry S. Sada v. Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L. Lindsey v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wm. R. Evans v. Department of Human Resources 
Rory J. Curry v. Department of Human Resources 
Lorin A. Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Dennis L. McNeill v. Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E. Atkins v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Richard E, Reader v. Department of Human Resources 
Wendcl McDonald v. Department of Human Resources 
Wilbur Dewayne Bauli v. Department of Human Resources 
James C. Smith v. Department of Human Resources 
Ronald D. Johnson v. Department of Human Resources 
Johnny Leary v. Department of Human Resources 
Jimmy Strickland v. Department of Human Resources 
John W. Scott V. Department of Human Resources 
Calvin S. Austin v. Department of Human Resources 
Derek Henslee v. Department of Human Resources 
Donald L. Carr, Jr. v. Department of Human Resources 
Norman Waycaster v. Department of Human Resources 
Lorenzo Wilson v. Department of Human Resources 
Mark Kevin Bums v. Department of Human Resources 
Cyril Lloyd Payne v. Department of Human Resources 
Charles H. Johnson v. Department of Human Resources 
Willie James Myers v. Department of Human Resources 
Christopher F. Byrne v. Department of Human Resources 
Richard Painall Burch v. Department of Human Resources 
Charles Gillispie v. Department of Human Resources 
Teresa Reynolds v. Department of Human Resources 
Thomell Bowden v. Department of Human Resources 
Kenneth Edward Bums v. Department of Human Resources 
Carl R. Ritter v. Department of Human Resources 
William Charles Rorie v. Department of Human Resources 



95 CSE 0952 


ReiUy 


04/18/96 


95 CSE 


1131 


Becton 


05/03/96 


95 CSE 


1155 


Phipps 


06/12/96 


95 CSE 


1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Nesnow Smith 


03/05/96 


95 CSE 


1230 


Becton 


03/11/96 


95 CSE 


1266 


Gray 


05/02/96 


95 CSE 


1267 


Morrison 


03/29/96 


95 CSE 


1270 


Nesnow Smith 


03/15/96 


95 CSE 


1273 


Phipps 


04/01/96 


95 CSE 


1274 


Nesnow Smith 


06/12/96 


95 CSE 


1278 


Nesnow Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1301 


Phipps 


05/09/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


ReiUy 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1315 


Phipps 


05/06/96 


95 CSE 


1331 


Becton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1367 


Nesnow Smith 


03/21/96 


95 CSE 


1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 


1375 


West 


06/24/96 


95 CSE 


1376 


Nesnow Smith 


03/21/96 


95 CSE 


1377 


Becton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1382 


Reilly 


04/18/96 


95 CSE 


1405 


Nesnow Smith 


03/27/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 


1407 


Chess 


05/06/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1436 


Chess 


05/16/96 


95 CSE 


1437 


Phipps 


04/01/96 


95 CSE 


1465 


Morrison 


03/26/96 


95 CSE 


1469 


Nesnow Smith 


04/29/96 


95 CSE 


1470 


Becton 


07/29/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Nesnow Smith 


03/27/96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 0119 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


ReiUy 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Nesnow Smith 


08/01/96 



949 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



CONTESTED CASE DECISIONS 



AGENCY 



Leon Gibson v. Department of Human Resources 

Dioni Delvalle, II v. Department of Human Resources 

Gerald Roger Beachum Jr. v. Department of Human Resources 

Anderson I. Wardlow v. Department of Human Resources 

Daniel J. Carter v. Department of Human Resources 

Kelvin Tarlton v. Department of Human Resources 

Steven Craig Mooney v. Department of Human Resources 

John L. Cherry Jr. v. Department of Human Resources 

Arthur Jemerson v. Department of Human Resources 

Michael S. Covington v. Department of Human Resources 

Terry Sealey v. Department of Human Resources 

Jackie L. Kopczick v. Department of Human Resources 

Virginia McDowell Ramsey v. Department of Human Resources 

D. Wayne Gray v. Department of Human Resources 

Claude R. Anderson v. Department of Human Resources 

Alan Kendell Locklear v. Department of Human Resources 

Douglas F. McBryde v. Department of Human Resources 

James Trevor Emerson v. Department of Human Resources 

Leon McNair v. Department of Human Resources 

John William White v. Department of Human Resources 

Hazel L. Walker v. Department of Human Resources 

Tayloria Y. Manns v. Department of Human Resources 

Carl S. McNair v. Department of Human Resources 

David Agurs v. Department of Human Resources 

Dave L. James v. Department of Human Resources 

Franklin D. Deese v. Department of Human Resources 

Renee G. Arriola v. Department of Human Resources 

Melinda S. Tunner v. Department of Human Resources 

Jeanne G. Bishop v. Department of Human Resources 

Rebecca Beaver v. Department of Human Resources 

Vivian B. White v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Laura Heidorf v. Department of Human Resources 

Lois Floyd Barber v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 0412 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06/24/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Nesnow Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


\lorrison 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Nesnow Smith 


08/15/96 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0790 


Becton 


08/14/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06/04/96 


95 DCS 1137*' 


Chess 


06/11/96 


95 DCS 1142*' 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M. Hall v. Teachers & State Employees Comp. Major Medical Plan 95 INS 1141 Phipps 04/01/96 

Arthur Wayne Dempsey v. Department of Insurance 95 ENS 1255 Nesnow Smith 04/22/96 

Deborah B. Beavers v. Teachers & St. Emp. Comp. Major Med. Plan 95 INS 1411 Nesnow Smith 05/10/96 

Nadia A. Hakim v. Department of Insurance 95 INS 1422 Nesnow Smith 03/26/96 

Mary Alice Casey v. Department of Insurance 96 INS 0148 Reilly 08/14/96 



11:05 NCR 308 



JUSTICE 



Wendy Atwood v. Department of Justice (Company Police Program) 96 DOJ 0111 Chess 

Deborah K. Torrance v. Company Police Program Administrator 96 DOJ 0363 Becton 



08/07/96 
08/14/96 



Education and Training Standards Division 



Freddie Lcvem Thompson v. Criml. Justice Ed. & Training Stds. Comm. 
Shane Douglas Crawford v. Sheriffs' Ed. & Training Stds. Comm. 
Charles Henry Daniels v. Criml. Justice Ed. & Training Stds. Comm. 
Valerie Maxine Brewington v. Criml. Justice Ed. & Training Stds. Comm. 
Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 
Douglas Allan Stuart v. Sheriffs' Ed. &, Training Stds. Comm. 
Riclc M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 
Windell Daniels v. Criminal Justice Ed. & Training Stds. Comm. 
Gregory Lee Daughtridge v. Sheriffs' Ed. & Training Stds. Comm. 
Sherrie Ann Gainey v. Sheriffs' Ed. & Training Stds. Comm. 
Stuart Hugh Rogers v. Sheriffs' Ed. & Training Stds. Comm. 
Brian Thomas Craven v. Sheriffs' Ed. & Training Stds. Comm. 
Larry D. Weston v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. &. Training Stds. Comm. 
Ken Montie Oxendine v. Criminal Justice Ed. & Training Stds. Comm. 
James Leon Hunt v. Criminal Justice Ed. & Training Stds. Comm. 
David Kent Knight v. Sheriffs' Ed. & Training Stds. Comm. 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1 129 


Nesnow Smith 


04/12/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1189 


Morrison 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


95 DOJ 1320 


Gray 


07/24/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0028 


Becton 


08/09/96 


96 DOJ 0029 


West 


06/18/96 


96 DOJ 0036 


Gray 


07/09/96 


96 DOJ 0037 


Nesnow Smith 


06/12/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0077 


Phipps 


07/25/96 


96 DOJ 0115 


West 


03/28/96 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



950 



CONTESTED CASE DECISIONS 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Nesnow Smith 


06/10/96 


96 DOJ 0386 


Nesnow Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0761 


Reilly 


07/11/96 



AGENCY 



Demetrius Amez Brown v. Criminal Justice Ed. & Training Stds. Comm. 
John Charles Maloney v. Sheriffs' Ed. &. Training Slds. Comm. 
Jimmie L. Cooper v. Sheriffs' Ed. & Training Stds. Comm. 
JerT>* Glenn Monette v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 
Warren Scott Nail v. Criminal Justice Ed. & Training Slds. Comm. 
George Willie Gilliam v. Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 

Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 

MEDICAL BOARD 



Medical Board v. Martin A. Hatcher, M.D. 92 BME 0510 Gray 

PUBLIC INSTRUCTION 



Lavem K. Suggs v. NC Board of Education 

J.T.S- &. T.S., Parents of E. M.S. v. Chapel Hill-Carrboro City Schl. Sys. 

L.O. V. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v. Hertford County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

Blaise Malveau v. Cumberland Count>' Board of Education 

John Barlow v. Watauga County Board of Education 

John L. Archer v. Department of I^ublic Instruction 

Pamela F. Cummings v. Department of Public Instruction 

STATE PERSONNEL 

Department of Administration 



Jimmie A. Hughes. Jr. v. Department of Administration 96 

Jonathan L. Fann v. Department of Administration, Admin. Personnel 96 

Carlton Gerald v. State Capitol Police, Department of Administration 96 



Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 

Appalachian State University 

Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 

Caldwell County 

Blake C. Pace v. Caldwell County 96 OSP 0047 

A'C Central University 

Francina Y. Tate v. Chancellor Julius L. Chambers. NC Central Univ. 95 OSP 1432 

Central Sorth Carolina School for the Deaf 

Felicia S. Milton v. Central North Carolina School for the Deaf 95 OSP 1241 

Department of Correction 



Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 

Gregory- Allen Jones v. Department of Correction, Supt. Bonnie Boyette 95 
Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 95 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 DOJ 0138 


Becton 


08/09/96 


96 DOJ 0306 


Nesnow Smith 


08/16/96 


96 DOJ 0352 


Morrison 


07/12/96 


96 DOJ 0420 


Morrison 


07/26/96 


96 DOJ 0432 


Becton 


08/07/96 


96 DOJ 0576 


Becton 


08/07/96 


96 DOJ 0656 


Morrison 


08/02/96 



PUBLISHED DECISION 
REGISTER CITATION 



Nesnow Smith 



West 
West 



Nesnow Smith 



Chess 



06/28/96 



95 EDC 0383 


Nesnow Smith 


03/13/96 


95 EDC 1194 


Mann 




04/12/96 


96 EDC 0285 


Mann 




05/31/96 


96 EDC 0344 


Chess 




05/15/96 


96 EDC 0613 


Chess 




08/14/96 


96 EDC 0614 


Chess 




08/14/96 


96 EDC 0623 


Reilly 




07/24/96 


96 EDC 0678 


Nesnow 


Smith 


08/02/96 


96 EDC 0742 


Nesnow 


Smith 


08/16/96 



OSP 0008 


Reilly 


07/23/96 


OSP 0042 


Gray 


05/24/96 


OSP 0116 


Gray 


04/25/96 



03/15/96 



03/13/96 
03/07/96 



04/01/96 



04/22/96 



05/17/96 



11:10 NCR 874 



11:08 NCR 555 



11:01 NCR 50 



OSP 1046 


Gray 


03/12/96 


OSP 1290 


Phipps 


05/14/96 


OSP 1460 


Gray 


05/17/96 



951 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Alisha Louise Staley v. Randolph Correctional Center 
Brenda Propst v. Foothills Correctional Institution 
Delon D. Solomon v. Department of Correction 
Alisha Louise Staley v. Randolph Correctional Center 



96 DSP 0092 
96 OSP 0199 
96 OSP 0258 
96 OSP 0261 



Haydee C. Craver v. Department of Correction, Christopher Phillips 96 OSP 0348 

Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0372*' 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0373*' 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0374*' 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0375*' 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0376*' 

V. Department of Correction 
Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 96 OSP 0397 
Timothy L. Willis v. Caswell Correctional Center 96 OSP 0715 

Department of Crime Control and Public Safety 



Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, Slate Highway Patrol 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 



Durham County Health Department 

Lylla D. Stockton v. Durham County Health Department 95 OSP 0176 

East Carolina University 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 96 OSP 0150 

Employment Security Commission 

Gene S. Baker v. Gov. James B. Hunt, Jr., Ann Q. Ehincan, Chairman, 93 OSP 0707 

Employment Security Commission 

William Herbert Allen v. Employment Security Commission 94 OSP 1688 

Patricia Gary v. Employment Security Commission 95 OSP 0793 

Tonderlier Lynch v. Emp. Security Comm., Austin Quality Foods, Inc. 96 OSP 0275 

Department of Environment, Health, and Natural Resources 

Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 

Fayetteville State University 

William C. Neal v. Fayetteville State University 95 OSP 0392 

Guilford County Area Mental Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm, OSP 95 OSP 1179 

Department of Human Resources 



Ophelia Webb v. Edard R. Inman, Dir. Alamance Cty DSS, Alamance 

Cty DSS, Alamance County, and DHR 
Gail Marie Rodgers Lincoln v. DHR, DMH/DD/SAS-Cherry Hosp., 

Cherry Hospital 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 
Kelvin Parter v. Dorothea Dix Hospital 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 



Buncombe County Department of Social Services 
Kathy Davis v. Buncombe County Department of Social Services 95 OSP 1487 



Gray 

Morrison 

West 

Morrison 

Phipps 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Gray 
West 



West 



Chess 



Becton 

West 
Chess 
Chess 



ReiUy 



Nesnow Smith 



Nesnow Smith 



06/03/96 
04/09/96 
07/02/96 
08/05/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

08/15/96 
07/30/96 



94 OSP 1174*'° 


Gray 


08/05/96 


95 OSP 0249*' 


Nesnow Smith 


07/23/96 


95 OSP 0836*'" 


Gray 


08/05/96 


95 OSP 1050*' 


Nesnow Smith 


07/23/96 



07/02/96 



05/08/96 



05/16/96 

06/11/96 
05/14/96 
05/21/96 



04/09/96 



04/22/96 



07/19/96 



96 OSP 0112 


Gray 


03/13/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0217 


ReiUy 


08/13/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07/09/96 



11:05 NCR 300 



: 10 NCR 865 



West 



08/09/96 



11:11 



NORTH CAROLINA REGISTER 



September 3, 1996 



952 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Casv-'ell Center 

Ramona C. Jeakins v. Department of Human Resources, Casweil Center 
Ramona C. Jenkins v. Department of Human Resource*. Casweli Center 
Franklin D. Sutton v. Department of Human Resources, Caswell Center 

Durham Count)' Departmenl of Social Services 
Jan E, Smith v. Durham County Department of Social Services 

Halifax Counts Department of Social Senices 
Clairbel Thomas v. Halifax County DSS & Director, Halifax County DSS 

Division of Medical Assistance 
Harold Wiggins v. Division of Medical Assistance 

O 'Berry Center 
Samuel Geddie v. O'Berry Center 

Rockingham County Department of Social Services 
Lxjrretta Lawson v. Rockingham County DSS 

Wake CounT\ Department of Social Services 

Phylis Gilbert v. Wake County Department of Social Services 

Department of Insurance 

Larry W. Creech v. Department of Insurance 

Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Sandhill Community College 

Earl Levon Womack v. Sandhill Community College Bd. of Trustees 

(>/fice of the Slate Controller 

Angela M. Terry v. Office of the Slate Controller 

North Carolina State University 

Vernell Mitchell v. North Carolina Cooperative Extension 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles, Dept. of Transportation 

Pearlie M. Simuel-Johnson v. Departmenl of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. Stale Highway Maint.. Guess Rd., Durham, NC 

Archie Brooks v. W. F. Rosser, Department of Transportation 

Jessie L. Allen el al. v. DMV Enforcement Section 



89 DSP 0411 
91 DSP 0522 
94 OSP 0766 



95 OSP 1121 



95 OSP 0905 



95 OSP 1482 



96 OSP 0414 



96 OSP 0471 



95 OSP 1238 



95 OSP 0631 



95 OSP 0968 



95 OSP 1035 



96 OSP 0573 



96 OSP 0402 



96 OSP 0132 



Beclon 
Becton 
Nesnow Smith 



Morrison 



West 



West 



Morrison 



West 



Phipps 



Reilly 



Morrison 



Nesnow Smith 



Phipps 



Becton 



Gray 



03/26/96 
03/26/96 
03/21/96 



05/24/96 



05/29/96 



06/11/96 



06/13/96 



06/13/96 



06/27/96 



06/06/96 



03/14/96 



03/01/96 



07/25/96 



08/07/96 



05/10/96 



11:02 NCR 89 



94 OSP 0589-' 


Gray 


03/01/96 


94 OSP 1044 


Reilly 


04/12/96 


95 OSP 0837*' 


Gray 


03/01/96 


95 OSP 1099 


Reilly 


07/31/96 


95 OSP 1462 


Morrison 


03/08/96 


96 OSP 0048 


Reilly 


05/02/96 


96 OSP 0087 


Gray 


04/15/96 


96 OSP 0239 


Nesnow Smith 


05/17/96 


96 OSP 0408 


Becton 


08/12/96 



11:06 NCR 395 



11:07 NCR 434 



11:01 NCR 58 



11:03 NCR 173 



+ Consolidated cases. 



953 



NORTH CAROLINA REGISTER 



Septembers, 1996 



11:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



R.L. Singleton v. Department of Transportation 

Tri-Coujity Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of North CaroUna 

Pamela B. Edwards v. University of North Carolina at Chapel Hill 
Keith R. Cameron v. University of North Carolina at Chapel Hill 
Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 
Bela E. Karvaly, Ph.D. v. UNC Bd. of Gov., Pres. CD. Spangler, Jr. 
Carl E. Whigham v. UNC Hospitals at Chapel Hill 

STATE TREASURER 

Donald B. Durham v. Teachers' & St. Employees Retirement Sys. 

UNIVERSITY OF NORTH CAROLINA 

Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 

James E. Boudwin v. University of NC Hospitals at Chapel Hill 

Rufus T. Moore Jr. v. UNC Hospital 

Marcia Spruill v. UNC Hospitals - Patient Accounts 

Charles E. Houlk v. UNC Hospitals 



96 OSP 0683 



95 OSP 1100 



92 DST 1066 



Bee ton 



Nesnow Smith 



08/12/96 



03/22/96 



95 OSP 0842 


Chess 


06/28/96 






95 OSP 1060 


Morrison 


06/24/96 






96 OSP 0026 


Gray 


03/12/96 


11:01 NCR 


61 


96 OSP 0151 


Chess 


05/08/96 






96 OSP 0248 


Chess 


06/11/96 







Chess 



07/17/96 



11;09 NCR 810 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



11:11 



NORTH CAROLINA REGISTER 



Septembers, 1996 



954 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF H\T)E 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 EHR 0072 



JOHNNY R. STOTESBERRY, 
Petitioner, 



V. 



NORTH CAROLINA MARINE FISHERIES 
COMMISSION, 

Respondent. 



RECOMMENDED DECISION 



The above entitled matter was heard before Beecher R. Gray, administrative law judge, on July 18, 1996 in Swan 
Quarter, North Carolina. A written final Prehearing Order containing stipulations was approved and filed at the beginning 
of the hearing. Petitioner gave notice that he was not going to pursue appeals regarding his fishing vessels, Mr. Lee and 
Phillip Marshall. This notice, on the record, is treated as a Notice of Voluntary Dismissal as to the Mr. Lee and Phillip 
Marshall. 

APPEARANCES 

Petitioner: Johnny R. Stotesberry 

Route 1 , Box 239-H 
Swan Quarter, North Carolina 27885 
Appeared Pro se 

Respondent: Jay L. Osborne 

Assistant Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

ISSUE 

Whether Respondent's denial of Petitioner's application for a commercial license to land flounder from the Atlantic 
Ocean on the fishing vessel Cassandra, on grounds that Petitioner did not land at least 1 ,000 pounds of flounder during two 
of the preceding three years is supported by the evidence. 

FINDINGS OF FACT 

1. The parties stipulated on the record and in the final prehearing order that each waived the full 15 day 
notice of hearing requirement and that notice was proper. 

2. The North Carolina Administrative Code contains certain rules promulgated by Respondent regarding the 
landing of Atlantic Ocean flounder on a commercial basis. Those rules, of which official notice was requested and taken, 
provide, in pertinent part: 

.0503 FLOUNDER 

(a) License to Land Flounder from the Atlantic Ocean: 



(3) to qualify for a North Carolina License to Land Flounder from the Atlantic Ocean, a vessel is required 

to have: 

(A) been licensed under G.S. 113-152 or 113-153 during any two of the 1992-93, 1993-94, or 1994-95 license 
years, and 



955 



NORTH CAROLINA REGISTER 



September 3, 1996 



11:11 



CONTESTED CASE DECISIONS 



(B) landed in North Carolina at least 1 ,000 pounds for floiinder each year from the Atlantic Ocean during any 
two of the 1992-93, 1993-94, or 1994-95 license years for which the vessel was licensed to land in North 
Carolina; 

(4) at least ten days prior to issuance, appUcants for the license shall complete an application form provided 
by the Division of Marine Fisheries and submit it to the North Carolina Division of Marine 
Fisheries, Post Office Box 769, 3441 Arendell Street, Morehead City, North Carolina 28557. The 
following information is required: 

(B) proof of required licenses and flounder landings data for that vessel during the years the vessel was 
licensed,... 
N.C. Admin. Code tit. ISA, r. 3M.0503 (December 1995). 

3. Petitioner is a resident of Hyde County where he is a lifetime commercial fisherman. He is descended 
from generations of fishermen in Hyde County. 

4. By application dated December 20, 1996, Petitioner applied for a commercial license to land Atlantic 
Ocean flounder from his fifty-four foot fishing boat known as the Cassandra. Petitioner held commercial licenses for the 
Cassandra under the provisions of Chapter 113 of the General Statutes of North Carolina during the 1993-94 and 1994-95 
license years. 

5. Forms supplied by Respondent as part of the application materials include blank affidavit forms for 
appUcants to have completed by dealers to whom the applicants have sold fish. Petitioner's application contains an affidavit 
form, not signed or notarized, which contains a handwritten statement that flounder were caught and sold from the 
Cassandra to Newman's Seafood in Swan Quarter and Engelhard Seafood in Engelhard but that the applicant had not met 
the 1 ,000 pound requirement with these seafood dealers and therefore did not ask them to notarize the form. 

6. In a letter to Respondent's Division of Marine Fisheries in Morehead City, North Carolina, dated 
December 27, 1995, Petitioner made the following statement, referring to the vessel Cassandra: 

I believe that I may have met the required amount of Atlantic Ocean caught flounder with this 
vessel, but can't retrieve receipts to prove it. 

7. In his prehearing statement, filed on February 22, 1996, Petitioner makes the following statement: 

On December 27, 1995, I was denied permits for all of my boats and filed an appeal on January 
17, 1996. I have investigated my sales of Atlantic Ocean caught flounder and now know that 
none of my boats landed 1 ,000 lbs. in at least two of the last three years which would have made 
them eligible for the permit. 

8. In a letter dated January 8, 1996, Division of Marine Fisheries Director Bruce L. Freeman denied 
Petitioner's application for an Atlantic Ocean flounder permit for the Cassandra because Petitioner had not been able to 
prove that he had landed 1,000 pounds of flounder from the AUantic Ocean during two of the past three license years. 

9. Respondent initiated a trip ticket system in 1994 which records the poundage of fish caught and sold by 
a commercial fisherman. Neither Petitioner nor Respondent can produce sufficient trip tickets for the Cassandra to show 
that it met the 1,000 pound requirement. 

10. Respondent's Exhibits 6 and 7 were admitted into evidence. Exhibit 6 is a receipt dated October 21, 1993 
for almost 7,000 pounds of flounder landed and sold to Clark Seafood by Petitioner. Exhibit 7 is a receipt dated January 
11, 1994 for just over 1,000 pounds of flounder landed and sold to Clark Seafood by Petitioner. Neither receipt identifies 
the boat upon which the flounder was caught. 

1 1 . Respondent's rules contain the requirement that an applicant such as Petitioner submit proof of flounder 
landings data. No rule specifies the kind of proof required. Respondent's application form contains the following 



11:11 NORTH CAROLINA REGISTER September 3, 1996 956 



CONTESTED CASE DECISIONS 



preprinted recital just above the signature line: 

I hereby provide documentation, receipts, and an affidavit or other supporting information 
verifying that I landed flounder from the Atlantic Ocean. I certify under penalfy of law that the 
information given above is true and accurate. 

12. Petitioner gave sworn testimony during this contested case hearing that he had sold flounder to at least 

five (5) different fish houses during the past three years and that, although he could not produce affidavits or receipts from 
them demonstrating the complete poundage sold, it was his testimony that he had caught 1,000 pounds or more of flounder 
on the Cassandra from the Atlantic Ocean in two of the last three years prior to his present application. 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact, I make the following conclusions of law. 

1. The parties properly are before the Office of Administrative Hearings. 

2. Petitioner's testimony under oath in this contested case hearing that he caught at least 1,000 pounds of 
flounder aboard the Cassandra from the Atlantic Ocean during at least two of the prior three license years constitutes proof 
of flounder landings for purposes of Respondent's rule codified as N.C. Admin. Code tit. 15A, r. 3M. 0503(a)(4)(B) 
(December 1995). This proof is dependent upon the credibilify of the witness, which from his demeanor and the evidence 
of his ability to land flounder in the thousands of pounds quantities, is found to be sufficient to support a finding of fact 
that Petitioner caught and landed the quantities of flounder he asserts. 

RECOMMENDED DECISION 

Based upon the foregoing FLndiags of Fact and Conclusions of Law, it is hereby recommended that Respondent 
reverse the decision of the Marine Fisheries Division denying Petitioner's application for a commercial flounder license for 
the fishing vessel Cassandra because of inadequate poundage and that Respondent direct the issuance of the license Petitioner 
applied for on the strength of his testimony in this contested case hearing. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties" attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Department of 
Environment, Health and Natural Resources. 

This the 19th day of August, 1996. 



Beecher R. Gray 
Administrative Law Judge 



957 NORTH CAROLINA REGISTER September 3, 1996 11:11 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Envirormient, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech &. Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 


1 




Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



11:11 



NORTH CAROLINA REGISTER 



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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industnal Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 



201 00 00 

201 10 05 

201 10 33 

202 00 00 

202 1 5 09 
202 15 34 
202 15 43 
202 15 48 

202 15 52 

203 00 00 

204 00 00 

204 1 5 02 
204 1 5 03 
204 1 5 06 
204 15 09 
204 15 10 

204 1 5 1 6 

205 00 00 

205 15 02 

206 00 00 

207 00 00 

208 00 00 

209 00 00 



$63.00 

$21.00 
$17.50 

$98.00 

$28.00 
$21.00 
$21.00 
$21.00 
$21.00 

$7.00 



$87.50 


$12.00 


$24.50 


$14.00 


$14.00 


$14.00 


$24.50 


$56.00 


$24.50 



$21.00 



$21.00 



$7.00 



$31.50 



$90.00 

$30.00 
$25.00 

$140.00 

$40.00 
$30.00 
$30.00 
$30.00 
$30.00 

$10.00 

$125.00 

$40.00 
$35.00 
$20.00 
$20.00 
$20.00 
$35.00 

$80.00 

$35.00 

$30.00 
$30.00 
$10.00 
$45.00 



Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 1 2 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



210 00 00 

210 20 10 
210 20 20 
210 20 30 
210 20 40 
210 20 41 
210 20 42 
210 20 43 
210 20 44 

210 20 45 

211 00 00 

211 10 01 
211 10 04 
211 1005 
211 10 06 

211 10 08 

212 00 00 

212 10 07 
212 10 09 

212 10 11 

213 00 00 

213 15 06 
213 20 00 
213 15 12 
213 15 13 
213 15 14 

213 15 15 

214 00 00 

214 00 08 

214 00 n 

215 00 00 

215 15 00 
215 15 10 
215 15 20 
215 15 30 
215 15 31 
215 15 32 



$346.50 

$45.50 
$31.50 
$77.00 
$119.00 
$31.50 
$31.50 
$28.00 
$17.50 
$35.00 

$63.00 

$56.00 
$24.50 
$17.50 
$28.00 
$21.00 

$63.00 

S21.00 
$31.50 
$17.50 

$77.00 

$14.00 
$31.50 
$14.00 
$14.00 
$14.00 
$14.00 

$31.50 

$17.50 
$14.00 

$276.50 

$115.50 
$49.00 
$49.00 
$56.00 
$35.00 
$17.50 



$495.00 

$65.00 
$45.00 
$110.00 
$170.00 
$45.00 
$45.00 
$40.00 
$25.00 
$50.00 

$90.00 

$80.00 
$35.00 
$25.00 
$40.00 
$30.00 

$90.00 

$30.00 
$45.00 
$25.00 

$110.00 

$20.00 
$45.00 
$20.00 
$20.00 
$20.00 
$20.00 

$45.00 

$25.00 
$20.00 

$395.00 

$165.00 
$70.00 
$70.00 
$80.00 
$50.00 
$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 


.. 


$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full TWe 

Elementan/ & Secondary Education 

Title 1 7 - Dept. of Revenue - Full Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - Full Title 

Secunties Division 

Title ISA - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedures Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - Independent Agencies - Full Title 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Title 

Title 27 - North Carolina State Bar - Full Title 

North Carolina Administrative Code - Full Code 

(Add $85,00 Shipping and Handling! 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased wrth the Full Code in Print} 

Master Index 

Master Table of Contents 

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